Construction, Forestry, Maritime, Mining and Energy Union

Case

[2022] FWCA 1021

23 MARCH 2022


[2022] FWCA 1021

The attached document replaces the document previously issued with the above code on 23 March 2022.

ACT has been inserted into the title of the Agreement.

Associate to Deputy President Cross.

Dated 25 March 2022.

[2022] FWCA 1021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/199)

Sheehan Construction Services 1 Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

Building, metal and civil construction industries

DEPUTY PRESIDENT CROSS

SYDNEY, 23 MARCH 2022

Application for approval of the Sheehan Construction Services 1 Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

  1. An application has been made for approval of an enterprise agreement known as the Sheehan Construction Services 1 Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 as are relevant to this application for approval have been met.

  1. I note that the Agreement contains an NES precedence clause at cl. 4.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  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 that organisation.

  1. 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 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515444  PR739578>

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