Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 1247
•8 APRIL 2022
| [2022] FWCA 1247 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/326)
KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 8 APRIL 2022 |
Application for approval of the KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021
An application has been made for approval of a greenfields agreement known as the KH Labour AUS Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
This greenfields agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to the application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMMEU are entitled to represent the industrial interests of a majority of employees which will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act, I note the Agreement was made by the CFMMEU and that the Agreement covers that organisation.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 March 2022.
DEPUTY PRESIDENT
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