Construction, Forestry, Mining and Energy Union (New South Wales Branch)

[2016] FWCA 1681

[2016] FWCA 1681

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales

Branch)

(AG2016/503)

SHARVAIN PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT

2016 - 2017

Building, metal and civil construction industries

COMMISSIONER ROE SYDNEY, 18 MARCH 2016

Application for approval of the Sharvain Pty Limited / CFMEU Collective Agreement 2016 -

2017.

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

Sharvain 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 the 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 1681

[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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