Construction, Forestry, Mining and Energy Union

Case [2016] FWCA 1868


[2016] FWCA 1868

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/591)

METROPOLITAN DEMOLITIONS PTY LTD / CFMEU COLLECTIVE

AGREEMENT 2016 – 2018

Building, metal and civil construction industries

COMMISSIONER LEE MELBOURNE, 24 MARCH 2016

Application for approval of the Metropolitan Demolitions Pty Ltd / CFMEU Collective

Agreement 2016-2018.

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

Metropolitan Demolitions Pty Ltd / CFMEU Collective Agreement 2016-2018 (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.

[3]        Pursuant to s.205(2) of the Act, the model consultation 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.
[2016] FWCA 1868

[5]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

31 March 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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Details
AGLC
Construction, Forestry, Mining and Energy Union [2016] FWCA 1868
Case
[2016] FWCA 1868
Decision Date

CaseChat Overview and Summary

The Fair Work Commission received an application for approval of an enterprise agreement between Metropolitan Demolitions Pty Ltd and the Construction, Forestry, Mining and Energy Union, which covers workers in the building, metal, and civil construction industries. The applicant, the Construction, Forestry, Mining and Energy Union, sought approval of the Metropolitan Demolitions Pty Ltd / CFMEU Collective Agreement 2016-2018 under section 185 of the Fair Work Act 2009. The legal issues before the Commission were whether the Agreement met the requirements of sections 186, 187, and 188 of the Act, and whether it appropriately covered the organisation as a bargaining representative for the Agreement. The Commission determined that the Agreement met all relevant requirements and would operate from 31 March 2016 until its nominal expiry date of 31 May 2018. The Commission found that the Agreement was approved and would operate from the specified date, and it included the model consultation term prescribed by the Fair Work Regulations 2009. The Commission also noted that the Construction, Forestry, Mining and Energy Union, as a bargaining representative, had given notice that it wanted the Agreement to cover it, and that the Agreement did indeed cover the organisation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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