Construction, Forestry, Mining and Energy Union

Case

[2013] FWCA 2196

11 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2196

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/726)

CMF PROJECTS PTY LTD - GENERAL BUILDING AND CONSTRUCTION (QUEENSLAND) ENTERPRISE AGREEMENT 2011 - 2015

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 11 APRIL 2013

Application for approval of the CMF Projects Pty Ltd - General Building and Construction (Queensland) Enterprise Agreement 2011 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a single-enterprise agreement known as the CMF Projects Pty Ltd - General Building and Construction (Queensland) Enterprise Agreement 2011 - 2015 (“the Agreement”).

[2] 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.

[3] I note that the Agreement contains a handwritten amendment at clause 1.5. By way of a sworn declaration, the Employer has confirmed that the handwritten amendment was made prior to the Agreement being issued to employees at the commencement of the access period.

[4] 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.

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

SENIOR DEPUTY PRESIDENT

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