Construction, Forestry, Mining and Energy Union

[2016] FWCA 2827

[2016] FWCA 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1028)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED/ CONSTRUCTION FORESTRY MINING AND ENERGY UNION CONSTRUCTION NSW ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 MAY 2016

Application for approval of the Scentre Design and Construction Pty Limited/ Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Scentre Design and Construction Pty Limited/ Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2015 - 2018 (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. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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