Construction, Forestry, Mining and Energy Union
[2018] FWCA 670
•1 FEBRUARY 2018
| [2018] FWCA 670 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.222—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2018/288)
BRENT YOUNG CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT GOOLEY | MELBOURNE, 1 FEBRUARY 2018 |
Application for termination of the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.
The Construction, Forestry, Mining and Energy Union (the CFMEU) has applied to terminate the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The Agreement had not passed its nominal expiry date.
Section 219 of the Fair Work Act 2009 provides that the employer and the employees covered by an agreement may apply to terminate the Agreement.
Section 223 of the Act provides that the Fair Work Commission must approve the termination if it is satisfied that there has been compliance with subsection 220(2) and subsection 222(1) of the Act. Further, the Commission must be satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination. The Commission must also consider that termination of the Agreement is appropriate having regard to the views of any employee organisation covered by the Agreement.
Brent Young Cranes Pty Ltd filed a statutory declaration attesting to its compliance with s.220 of the Act.
Further, the CFMEU is covered by the Agreement satisfying the requirement contained in subsection 222(1).
As I am satisfied that all the requirements have been met, the application for approval of the termination of the Agreement is granted. The Agreement will terminate at 5.00 pm on 1 February 2018.
DEPUTY PRESIDENT
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