Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 989
•4 APRIL 2023
| [2023] FWCA 989 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/672)
CORETECH NSW PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 APRIL 2023 |
Application for approval of the Coretech NSW Pty Ltd and CFMEU ACT Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Coretech NSW Pty Ltd and CFMEU ACT Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
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 was approved on 4 April 2023 and, in accordance with s.54 of the Act, will operate from 11 April 2023. The nominal expiry date of the Agreement is 1 November 2024.
DEPUTY PRESIDENT
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