Construction, Forestry, Maritime, Mining and Energy Union

Case •

[2023] FWCA 93

•

11 JANUARY 2023
[2023] FWCA 93

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5211)

NO LIMIT GROUP ACT PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2019

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 11 JANUARY 2023

Application for approval of the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019

  1. An application has been made for approval of an enterprise agreement known as the No Limit Group ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  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 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518844  PR749552>

Annexure A

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