Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3161

[2022] FWCA 3161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3668)

Midway Limited Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 12 SEPTEMBER 2022

Application for approval of the Midway Limited Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Midway Limited 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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

2. The Agreement is approved and in accordance with s.54, will operate from 19 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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