Construction, Forestry, Mining and Energy Union

[2013] FWCA 1800

[2013] FWCA 1800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5688)

NSC (AUSTRALIA) PTY LTD T/AS NATURAL STONE CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU SUB-DIVISIONAL AND MINOR WORKS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MARCH 2013

Application for approval of the NSC (Australia) Pty Ltd T/As Natural Stone Construction Australia Pty Ltd and the CFMEU Sub-Divisional and Minor Works Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the NSC (Australia) Pty Ltd T/As Natural Stone Construction Australia Pty Ltd and the CFMEU Sub-Divisional and Minor Works Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] The agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 March 2013. The nominal expiry date of the Agreement is 1 April 2015.

SENIOR DEPUTY PRESIDENT

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