Construction, Forestry, Mining and Energy Union

[2015] FWCA 290

[2015] FWCA 290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10231)

CEILCON AND CFMEU (WA) GREENFIELDS AGREEMENT 2014 (KINGS SQUARE PROJECT 3)

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 JANUARY 2015

Application for approval of the Ceilcon and CFMEU (WA) Greenfields Agreement 2014 (Kings Square Project 3).

[1] An application has been made for approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Greenfields Agreement 2014 (Kings Square Project 3) (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from SAGL Pty Ltd T/A Ceilcon. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 20 January 2017.

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ANNEXURE A