Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 712

[2019] FWCA 712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreementConstruction, Forestry, Maritime, Mining and Energy Union

(AG2018/6547)

HOIST TORQUE AUSTRALIA PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 FEBRUARY 2019

Application for approval of the Hoist Torque Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Hoist Torque Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 13 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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Annexure A