Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 1212
•28 APRIL 2023
| [2023] FWCA 1212 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1008)
CPS CONCRETORS PTY LTD AND CFMEU CONCRETE SECTOR ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 28 APRIL 2023 |
Application for approval of the CPS Concretors Pty Ltd and CFMEU Concrete Sector Enterprise Agreement 2022
The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for the approval of an enterprise agreement known as the Application for approval of the CPS Concretors Pty Ltd and CFMEU Concrete Sector Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
It is observed that the application was made outside of the time stipulated by s185(3)(a) of the Act. However, in light of the Applicant’s submissions, the Commission considers it fair in all the circumstances to extend the period in which the application was made to 11 April 2023.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Applicant, 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 declaration provided by the Applicant, I note that the Applicant is covered by the Agreement.
The Agreement was approved on 28 April 2023 and, in accordance with s 54, will operate from 5 May 2023. The nominal expiry date of the Agreement is 1 May 2025.
DEPUTY PRESIDENT
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