Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 1716

[2020] FWCA 1716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/600)

TOGA NOMINEES PTY LTD T/A ADVANCE CABINETS WORKS AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2020

Application for approval of the Toga Nominees Pty Ltd t/a Advance Cabinets Works and CFMEU - Manufacturing Division Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Toga Nominees Pty Ltd t/a Advance Cabinets Works and CFMEU – Manufacturing Division Enterprise Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single-enterprise agreement.

[2] Toga Nominees Pty Ltd t/a Advance Cabinets Works has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The CFMMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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Annexure A