Construction, Forestry, Mining and Energy Union

[2014] FWCA 8006

[2014] FWCA 8006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9145)

PRESIDENT AVENUE CONSTRUCTION PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY GREENFIELDS AGREEMENT (ACT) 2014-2016

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 NOVEMBER 2014

Application for approval of the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the President Avenue Construction PTY LTD and the Construction Forestry Mining and Energy Greenfields Agreement (ACT) 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU) and President Avenue Construction Pty Ltd T/A Koundouris Projects. The Agreement is a greenfields agreement.

[2] 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. In particular, I am satisfied that the CFMEU 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2014. The nominal expiry date of the Agreement is 31 March 2016.

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