Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2580

[2023] FWCA 2580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2720)

AUSTRALIAN POST TENSIONING PTY LTD/CFMEU SOUTH AUSTRALIA AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 AUGUST 2023

Application for approval of the Australian Post Tensioning Pty Ltd/CFMEU South Australia Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd/CFMEU South Australia Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Post Tensioning Pty Ltd Trading As AUSPT (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

1. The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 16 August 2023 and, in accordance with s 54, will operate from 23 August 2023. The nominal expiry date of the Agreement is 30 July 2026.

COMMISSIONER

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