Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 2028
•21 JUNE 2022
| [2022] FWCA 2028 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1860)
Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 21 JUNE 2022 |
Application for approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021
Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) has made an application for approval of an enterprise agreement known as the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
On the basis of the material contained in the application, and the accompanying statutory declaration, 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 application was not lodged within 14 days after the Agreement was made. The CFMEU provided submissions at question 1.4 of the Form F16 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 21 June 2022 and, in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 1 November 2025.
DEPUTY PRESIDENT
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