Construction, Forestry, Mining and Energy Union

[2013] FWCA 4999

[2013] FWCA 4999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7600)

ASSET & FACILITY MANAGEMENT PTY LTD - CFMEU ESSO ONSHORE & OFFSHORE CONSTRUCTION SITES AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 24 JULY 2013

Application for approval of the Asset & Facility Management Pty Ltd - CFMEU ESSO Onshore & Offshore Construction Sites Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Asset & Facility Management Pty Ltd - CFMEU ESSO Onshore & Offshore Construction Sites Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union (CFMEU) and Asset & Facility Management Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.

[3] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2013. The nominal expiry date of the Agreement is 6 December 2015.

COMMISSIONER

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