Construction, Forestry, Mining and Energy Union

[2013] FWCA 3451

[2013] FWCA 3451

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/579)

2BK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the 2BK Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the 2BK Pty Ltd and CFMEU Union Collective Agreement 2011-2015 (“the Agreement”).

[2] I wrote to the Applicant expressing my concern regarding a clause of the Agreement purporting to apply to and to cover employers other than the employer who provided a form F17 Employer’s Declaration. This matter raised concerns with regard to the operation of s. 172(2), s.172(5) and s.186(3) of the Fair Work Act 2009.

[3] Statutory declarations have subsequently been provided setting out steps taken to amend the Agreement. The statutory declarations satisfy me the agreement has been amended in conformity with the requirements of the Act.

[4] 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.

[5] The CFMEU, being a bargaining representative for the Agreement, 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 the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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