Construction, Forestry, Mining and Energy Union

[2014] FWCA 2360

[2014] FWCA 2360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/5134)

MECHANICAL MAINTENANCE SOLUTIONS PTY LTD (MMS) CFMEU AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, GREENFIELDS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2014

Application for approval of the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions Pty Ltd (MMS) CFMEU Agreement for Yallourn Power Station and Open Cut Mine Victoria, Greenfields Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 22.4.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that the CFMEU, 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A