Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1774

[2022] FWCA 1774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1563)

Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2022

Application for approval of the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021

1. The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for approval of an enterprise agreement known as Chase Construction (ACT) Pty Ltd 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.

1. Clause 38.2 relating to family and domestic violence leave could be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4.5 is deemed sufficient to resolve this NES concern.

1. The Construction, Forestry, Maritime, Mining and Energy Union (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) of the Act I note that the Agreement covers this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 November 2025.

COMMISSIONER

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