Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 2782
•19 AUGUST 2022
| [2022] FWCA 2782 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3204)
IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 19 AUGUST 2022 |
Application for approval of the IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024
The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for the approval of an enterprise agreement known the IND WINDOW FABRICATIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Offsite Enterprise Agreement 2020-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The employer, IND Window Fabrications Pty Ltd, 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Applicant, 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) and based on the declaration provided by the Applicant, I note that the Applicant is covered by the Agreement.
The Agreement was approved on 19 August 2022 and, in accordance with s 54, will operate from 26 August 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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Annexure A
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