Construction, Forestry, Maritime, Mining and Energy Union
[2019] FWCA 5932
•27 AUGUST 2019
| [2019] FWCA 5932 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3012)
TERAGROUP CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 27 AUGUST 2019 |
Application for approval of the TERAGROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.
[1] An application has been made for approval of a greenfields agreement known as the TERAGROUP CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).
[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Maritime, Mining and Energy Union 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 31 August 2019.
DEPUTY PRESIDENT
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