Construction, Forestry, Mining and Energy Union-South Australian Branch

[2014] FWCA 3074

[2014] FWCA 3074

The attached document replaces the document previously issued with the above code on 13 May 2014.

The content of document, paras [1] [2] & [3] has been amended to reflect the requirements of a Greenfields Agreement.

Denise Jelfs

Associate to Senior Deputy President O’Callaghan

13 May 2014

[2014] FWCA 3074

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-South Australian Branch
(AG2014/5796)

PROBUILD CONSTRUCTION (AUST) PTY LTD - SOUTH AUSTRALIA / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2014

Application for approval of the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Construction (Aust) Pty Ltd - South Australia / CFMEU Collective Agreement 2014 (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 (CFMEU) and Probuild Construction (Aust) Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

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