Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

[2016] FWCA 1704

[2016] FWCA 1704

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/449)

JARA ENTERPRISES PTY LIMITED / CFMEU COLLECTIVE

AGREEMENT 2016 - 2017

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 18 MARCH 2016

Application for approval of the Jara Enterprises Pty Limited / CFMEU Collective Agreement

2016 - 2017.

[1]        An application has been made for approval of an enterprise agreement known as the

Jara Enterprises Pty Limited / CFMEU Collective Agreement 2016 - 2017 (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.
[2016] FWCA 1704

[4]        The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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