Construction, Forestry, Mining and Energy Union

Case

[2018] FWCA 1207

26 FEBRUARY 2018


[2018] FWCA 1207

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6639)

Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Agreement 2016-2019

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 FEBRUARY 2018

Application for variation of the Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Agreement 2016-2019.

  1. An application has been made for approval of a variation to the Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Agreement 2016-2019 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 26 February 2018.

DEPUTY PRESIDENT

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