Construction, Forestry, Mining and Energy Union

[2013] FWCA 7275

[2013] FWCA 7275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2896)

POLYSEAL WATERPROOFING (ACT) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Polyseal Waterproofing (ACT) Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Polyseal Waterproofing (ACT) Pty Ltd/CFMEU Collective Agreement 2013-2014.

[2] The application was lodged by Construction, Forestry, Mining and Energy Union and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 17 September 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {J}, AE404241  PR542283>