Construction, Forestry, Mining and Energy Union

[2016] FWCA 64

[2016] FWCA 64

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2015/7710)

SEM WINDOW PTY LTD AND THE CFMEU BUILDING AND

CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 6 JANUARY 2016

Application for approval of the SEM WINDOW 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

SEM WINDOW 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 (CFMEU). 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 CFMEU 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 64

[4]        The Agreement was approved on 6 January 2016 and, in accordance with s.54, will

operate from 13 January 2016. The nominal expiry date of the Agreement is 31 December

2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE417341 PR575761>