Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1058

[2023] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/890)

MAMMOET AUSTRALIA PTY LTD T/AS MAMMOET AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPMT SUBCONTRACTOR GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 APRIL 2023

Application for approval of the MAMMOET AUSTRALIA PTY LTD T/As MAMMOET AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor Greenfields Enterprise Agreement 2020-2023

1. An application has been made for approval of a greenfields agreement known as the MAMMOET AUSTRALIA PTY LTD T/As MAMMOET AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

1. 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. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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