Construction, Forestry, Mining and Energy Union

[2009] FWA 279

[2009] FWA 279

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2009/12623)

H TROON PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY AGREEMENT 2008-2011

Building, metal and civil construction industries
COMMISSIONER GAY	MELBOURNE, 17 SEPTEMBER 2009

Application for approval of the H Troon Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2008-2011.

[1] An application has been made for approval of an enterprise agreement known as the H Troon Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2008-2011 (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, Mining and Energy Union (the CFMEU). The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] The Agreement was made on 7 August 2009 and was lodged on 1 September 2009 which is not in conformity with the 14 day time limit established by s.185(3)(a) of the Act. It is noted that the CFMEU indicates that the delay of 25 days was due to an administrative error. Further, it does not believe this will cause any disadvantage to the employee or the employee representatives. I am satisfied that this is so. Accordingly I have concluded that pursuant to s.185(3)(b) of the Act in all the circumstances it is fair to extend the 14 day time limit to allow the application before the tribunal.

[4] 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.

[5] The Construction, Forestry, 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from the date of this decision. The nominal expiry date of the Agreement is 31 March 2011.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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