Construction, Forestry, Maritime, Mining and Energy Union
[2019] FWCA 841
•11 FEBRUARY 2019
| [2019] FWCA 841 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5873)
H & K TRAN FAMILY TRUST T/AS AUSTRAN HOMES & CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 11 FEBRUARY 2019 |
Application for approval of the H & K Tran Family Trust T/As Austran Homes & Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2022.
[1] An application has been made for approval of an enterprise agreement known as the H & K Tran Family Trust T/As Austran Homes & Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
[3] Subject to the undertakings referred to above, 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 Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 2 July 2022.
DEPUTY PRESIDENT
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Annexure A
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