Construction, Forestry, Mining and Energy Union

[2013] FWCA 3662

[2013] FWCA 3662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6757)

HINDMARSH CONSTRUCTION AUSTRALIA PTY LTD - ACT UNION COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 6 JUNE 2013

Application for approval of the Hindmarsh Construction Australia Pty Ltd - ACT Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Construction Australia Pty Ltd - ACT Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the intended operation of Clause 13 in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking provided, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

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ANNEXURE A