Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 4524

[2019] FWCA 4524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1724)

SERGI (AUST) PTY LTD AND THE CFMEU MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JULY 2019

Application for variation of the SERGI (AUST) PTY LTD and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the SERGI (AUST) PTY LTD and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 July 2019.

DEPUTY PRESIDENT

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