Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2477

[2023] FWCA 2477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2560)

D.A.M. STRUCTURAL STEEL PTY LTD T-AS D.A.M. CRANES AND RIGGING / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 AUGUST 2023

Application for approval of the D.A.M. Structural Steel Pty Ltd t-as D.A.M. Cranes and Rigging / CFMEU Collective Agreement 2022-2025

1. An application has been made for approval of an enterprise agreement known as the D.A.M. Structural Steel Pty Ltd t-as D.A.M. Cranes and Rigging / CFMEU Collective Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 June 2023 and the Agreement was made on 21 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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 17 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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