Construction, Forestry, Mining and Energy Union

[2014] FWCA 1158

[2014] FWCA 1158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12067)

JMK CONSTRUCTION GROUP PTY LTD & CFMEU ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the JMK Construction Group Pty Ltd & CFMEU Enterprise Agreement 2013 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (the Act). The employer covered by the agreement is JMK Construction Group Pty Ltd (the Employer).

[2] The Employer has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The CFMEU has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date of the Agreement is 18 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406896  PR547841>