Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6004

[2019] FWCA 6004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3040)

EUROLINE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2019

Application for approval of the Euroline Pty Ltd / CFMEU Collective Agreement 2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Euroline Pty Ltd / CFMEU Collective Agreement 2019 (the Agreement) 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 undertaking 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 August 2019 and, in accordance with s 54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

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Annexure A