Construction, Forestry, Mining and Energy Union

[2013] FWCA 1530

[2013] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/11229)

STRUCTURAL SYSTEMS (WESTERN) PTY LTD AND CFMEU (WA) AND EMPLOYEES SECOND TIER ENTERPRISE AGREEEMENT 2012-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2013

Application for approval of the Structural Systems (Western) Pty Ltd and CFMEU (WA) and Employees Second Tier Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Structural Systems (Western) Pty Ltd and CFMEU (WA) and Employees Second Tier Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise 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] The Construction, Forestry, Mining and Energy Union, 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clause 3.2 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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