Construction, Forestry, Mining and Energy Union

[2017] FWCA 1673

[2017] FWCA 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/719)

TOOHEY FAMILY TRUST T/AS KOMP CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 -2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Toohey Family Trust t/as Komp Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 -2019.

[1] An application has been made for approval of an enterprise agreement known as the Toohey Family Trust t/as Komp Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 -2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 30 June 2019

COMMISSIONER

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