Construction, Forestry, Mining and Energy Union

[2017] FWCA 2782

[2017] FWCA 2782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1582)

BBC PAINTING PTY LTD / CFMEU GREENFIELD AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MAY 2017

Application for approval of the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the BBC Painting Pty Ltd / CFMEU Greenfield Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 19 May 2017 and, in accordance with s.54, will operate from 26 May 2017. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

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