Construction, Forestry, Mining and Energy Union
[2009] FWA 186
•2 SEPTEMBER 2009
[2009] FWA 186 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/639)
ANDREW HELSTRUP T/A A & S FLOORING AND CFMEU (FFTS BRANCH) ENTERPRISE BARGAINING AGREEMENT 2009
Furnishing industry | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 2 SEPTEMBER 2009 |
Application for approval of the Andrew Helstrup t/a A & S Flooring and CFMEU (FFTS Branch) Enterprise Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Andrew Helstrup t/a A & S Flooring and CFMEU (FFTS Branch) Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union (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] 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.
[4] The agreement does not contain a model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.
[5] The CFMEU, 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 9 September 2009. The nominal expiry date of the Agreement is 1 February 2012.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
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