Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2538

[2023] FWCA 2538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2636)

FIVE STAR SCAFFOLDING (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 14 AUGUST 2023

Application for approval of the FIVE STAR SCAFFOLDING (ACT) PTY LTD and CFMEU ACT Enterprise Agreement 2021.

1. An application has been made for approval of a greenfields agreement known as the FIVE STAR SCAFFOLDING (ACT) PTY LTD and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The application was not lodged within 14 days after the agreement was made. The CFMMEU has provided an explanation for the delay and requested an extension of time. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made.

1. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

1. The Agreement is a greenfield agreement that meets the requirements of section 172(2)(b) of the Act.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union, and that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2023. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

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