Construction, Forestry, Mining and Energy Union

[2016] FWCA 2622

[2016] FWCA 2622

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2841)

FINCH PROJECTS PTY LTD AND THE CFMEU BUILDING AND

CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 26 APRIL 2016

Application for approval of the FINCH PROJECTS PTY LTD and the CFMEU Building and

Construction Industry Enterprise Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

FINCH PROJECTS PTY LTD and the CFMEU Building and Construction Industry

Enterprise Agreement 2015 (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 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]        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.
[2016] FWCA 2622

[4]        The Agreement was approved on 26 April 2016 and, in accordance with s.54, will

operate from 3 May 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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