Construction, Forestry, Mining and Energy Union

[2009] FWA 124

[2009] FWA 124

31 August 2009

AG2009/11405

Construction, Forestry, Mining and Energy Union

(AG2009/11405)

Ausply and CFMEU Forestry & Furnishing Products Division Enterprise Agreement 2009

The attached Decision replaces the Decision originally filed and sent to parties on 20 August 2009.

The attached Decision has been amended to reflect the correct operative date.

Please discard the original sent on 20 August 2009 and replace it with the attached.

[2009] FWA 124

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2009/11405)

AUSPLY AND CFMEU FORESTRY & FURNISHING PRODUCTS DIVISION ENTERPRISE AGREEMENT 2009
(AG2009/11405) [AE871256]

Timber industry
COMMISSIONER BLAIR	MELBOURNE, 20 AUGUST 2009

Application for approval of the Ausply and CFMEU Forestry & Furnishing Products Division Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as Ausply and CFMEU Forestry & Furnishing Products Division Enterprise Agreement 2009 (the Agreement). The application was made pursuant to ts.185 of the Fair Work Act 2009 (the Act). 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) and is thus subject to the approval requirements of Sub-division B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement passes the no-disadvantage test.

[5] The Agreement contains a flexibility clause and also contains a consultation a communication clause.

[6] 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.

[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2009. The nominal expiry date of the Agreement is 1 July 2011.

COMMISSIONER

 1   Schedule 2, Part 1, Section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

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<Price code J, AE871256  PR988655 >