Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5885

[2018] FWCA 5885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3876)

CASC CONTRACTING PTY LTD AND CFMEU (WA) SUBCONTRACTOR ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2018

Application for variation of the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor Enterprise Agreement 2016-2020 (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 several clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] The varied agreement lodged contained a number of errors at clause 2, clause 36.6(h), clause 50.2 and clause 52.1. On 18 September 2018, the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] In accordance with s.216 of the Act, the variation operates from 19 September 2018.

COMMISSIONER

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