Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6751

[2019] FWCA 6751

On 31 September 2019, an administrative error caused an incorrect version of the decision with the above code to be published electronically. The correct and final version appears below and wholly replaces the decision earlier issued.

Associate to Deputy President Colman

1 October 2019

[2019] FWCA 6751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3295)

SUPREME INSTALLATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Supreme Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Supreme Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (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.

[3] The Employer has provided a written undertaking, which is attached in Annexure A and is taken to be a term of the Agreement. The undertaking addresses my concern that the original ‘nominal expiry date’ in the Agreement, 31 August 2019, would have antedated the day on which the agreement would commence operation, being seven days after the approval of the Agreement by the Commission, and therefore would not have been a ‘nominal expiry date’ for the purpose of s 186(5) and as defined in s 12, but an expired date.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A