Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6346

[2019] FWCA 6346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3044)

PROGLASS BUILDING TECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the PROGLASS BUILDING TECH PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the PROGLASS BUILDING TECH PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement) in their capacity as a bargaining representative for the Agreement. The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The CFMMEU has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 September 2019 and, in accordance with s 54, will operate from 18 September 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

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Annexure A