Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 5426

[2019] FWCA 5426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2559)

LF LABOUR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2019

Application for approval of the LF Labour Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the LF Labour Pty Ltd / CFMEU Collective Agreement 2019 (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 the 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] The Agreement lodged contained an error at clause 5. On 5 August 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

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