Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 856

[2023] FWCA 856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/420)

YAGA CORPORATION PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 22 MARCH 2023

Application for approval of the Yaga Corporation Pty Ltd and CFMEU ACT Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the Yaga Corporation Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (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.

1. 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.

1. 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.

1. 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.

1. The Agreement was approved on 22 March 2023 and, in accordance with s.54 of the Act, will operate from 29 March 2023. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

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