Construction, Forestry, Mining and Energy Union

Case

[2016] FWCA 1737

21 March 2016

No judgment structure available for this case.

[2016] FWCA 1737

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/566)
APPLIED SEALANTS (Q) PTY LTD AND CFMEU UNION
COLLECTIVE AGREEMENT 2015 - 2019
Building, metal and civil construction industries
COMMISSIONER ROE MELBOURNE, 21 MARCH 2016

Application for approval of the Applied Sealants (Q) Pty Ltd and CFMEU Union Collective

Agreement 2015 - 2019.

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

Applied Sealants (Q) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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]        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 1737

[4]        The Agreement was approved on 21 March 2016 and, in accordance with s.54, will

operate from 28 March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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