Construction, Forestry, Mining and Energy Union

[2015] FWCA 7128

[2015] FWCA 7128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5781)

INDEPENDENT CONTRACTING PTY LTD T/AS INDEPENDENT SCAFFOLDS AND THE CFMEU SCAFFOLD YARD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the INDEPENDENT CONTRACTING PTY LTD T/As INDEPENDENT SCAFFOLDS and the CFMEU Scaffold Yard Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the INDEPENDENT CONTRACTING PTY LTD T/As INDEPENDENT SCAFFOLDS and the CFMEU Scaffold Yard Enterprise Agreement 2011-2015 (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] Independent Contracting Pty Ltd T/A Independent Scaffolds has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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ANNEXURE A