Construction, Forestry, Mining and Energy Union

[2013] FWC 3339

[2013] FWC 3339

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/3701)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 27 MAY 2013

Application for approval of the Metropolis Traffic Control Pty Ltd and the CFMEU Traffic Control Industry Enterprise Agreement 2011-2015 - dismissed for want of prosecution.

[1] On 28 February 2012, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Metropolis Traffic Control Pty Ltd and the CFMEU Traffic Industry Enterprise Agreement 2011-2015 (the Agreement).

[2] On 6 March 2012, The Australian Workers’ Union (AWU) corresponded with Fair Work Australia (now known as the Fair Work Commission (the Commission)) seeking to be heard in relation to the approval of the Agreement.

[3] On 6 March 2012, the parties to the Agreement and the AWU were advised by the Commission that the matter would be listed for hearing on 20 March 2012.

[4] On 16 March 2012, the AWU advised that it was withdrawing its application to be heard in relation to the approval of the Agreement.

[5] On 16 March 2012, the CFMEU advised that the parties to the Agreement wished “to address an error in the document filed” in the matter, requesting that the Commission reserve its consideration of the Agreement for seven days.

[6] On 15 May 2013, I corresponded with the parties, setting out the background of the application, again seeking advice as to whether the parties wished to proceed with the application. I also advised that in the absence of a response by 23 May 2013, the application would be dismissed for want of prosecution.

[7] No response has been received from the CFMEU or Metropolis Traffic Control Pty Ltd.

[8] In accordance with my correspondence of 15 May 2013, the application for approval of the Agreement is dismissed for want of prosecution.

SENIOR DEPUTY PRESIDENT

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