Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

[2019] FWCA 1020

[2019] FWCA 1020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5862)

ABSOLUTE COMMERCIAL FITOUTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 FEBRUARY 2019

Application for approval of the Absolute Commercial Fitouts Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Absolute Commercial Fitouts Pty Ltd and CFMEU Union Collective Agreement 2018 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed the CFMMEU that the Commission had a concern that the Agreement did not meet the requirements set out in s.190(3) of the Act.

[3] On 14 December 2018 undertakings were provided to the Commission by the CFMMEU, given by Mr Dale Little, Director of Absolute Commercial Fitouts Pty Ltd, the Employer covered by the Agreement. A copy of the undertakings is attached at Annexure A.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement. Section 190(4) of the Act is satisfied by the Applicant, the CFMMEU, having obtained the undertaking of the Employer covered by the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

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Annexure A