Construction, Forestry, Mining and Energy Union

Case

[2017] FWCA 4996

26 SEPTEMBER 2017


[2017] FWCA 4996

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/4199)

Exzo (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020

Building, metal and civil construction industries

Commissioner Gregory

MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Exzo (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

  1. An application has been made for approval of a greenfields agreement known as the Exzo (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

  1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are 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.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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