Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6309

[2018] FWCA 6309

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4903)

Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 17 OCTOBER 2018

Application for approval of the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2018-2019

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Usher and Son Commercial Coatings Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

1. The CFMMEU originally attempted to lodge the application in this matter on 31 August. However, it appears that the email sent by the CFMMEU on 31 August 2018 attempting to lodge the application was rejected by the Commission’s email server.

1. On 3 September 2018, the CFMMEU sent a further email to the Commission successfully lodging the application in this matter. The CFMMEU’s email of 3 September 2018 stated as follows:

“Please see below email and attachments that was sent Friday afternoon but was rejected by your mailbox.”

1. Section 185(3) of the Act provides as follows:

“Bargaining representative must apply for the FWC's approval of an enterprise agreement

…

(3)  If the agreement is not a greenfields agreement, the application must be made:

(a)  within 14 days after the agreement is made; or

(b)  if in all the circumstances the FWC considers it fair to extend that period--within such further period as the FWC allows.

1. The material filed to the Commission in respect of this matter confirms that the vote conducted to approve the Agreement was held on 17 August 2018. Therefore, the application in this matter was lodged more than 14 days after the vote to approve the Agreement.

1. I have considered the material before me regarding the delay in the lodgement of the Application in this matter. I consider that in all the circumstances it is fair to extend the period for the application in this matter to be made pursuant to s.185(3)(b) of the Act.

1. I have taken into consideration the material filed in the Commission.  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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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