Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 2027
•4 JULY 2023
| [2023] FWCA 2027 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1965)
REO-TEK QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 4 JULY 2023 |
Application for approval of the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027
An application has been made for approval of an enterprise agreement known as the Reo-Tek QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single-enterprise agreement.
The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made on 16 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. I have had regard to each of the matters in s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).
The CFMMEU, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 July 2023. The nominal expiry date of the Agreement is 4 July 2027.
DEPUTY PRESIDENT
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[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.
[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023
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