Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 892
•24 MARCH 2023
| [2023] FWCA 892 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/671)
PACIFIC FORMWORK EMPLOYMENT PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 24 MARCH 2023 |
Application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Pacific Formwork Employment 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.
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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry, Maritime, Mining and Energy Union 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 24 March 2023 and, in accordance with s.54, will operate from 31 March 2023. The nominal expiry date of the Agreement is 1 November 2024.
COMMISSIONER
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