Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd
[2017] FWCFB 2885
•25 MAY 2017
| [2017] FWCFB 2885 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
Construction, Forestry, Mining and Energy Union
v
CSRP Pty Ltd
(C2016/7635)
| Vice President Hatcher | SYDNEY, 25 MAY 2017 |
Application for approval of the CSRP Enterprise Agreement 2016.
Further to our decision in [2017] FWCFB 2101 (Decision), CSRP Pty Ltd (CSRP) has provided a written undertaking to address the concerns that we identified in our Decision that the CSRP Enterprise Agreement 2016 (Agreement) did not meet the requirement set out in s.186(2) of the Fair Work Act 2009 (Act).
The Construction, Forestry, Mining and Energy Union (CFMEU), although not a bargaining representative for the Agreement, was provided with an opportunity to make submissions about the undertaking proposed by the Respondent and subsequently confirmed that it does not oppose the acceptance of the undertaking.
A copy of the undertaking is attached in Annexure A. We are satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the Appeal Book, we are satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 June 2017. The nominal expiry date of the Agreement is 25 May 2021.
VICE PRESIDENT
Appearances:
Mr R Reitano, Counsel for the CFMEU.
Mr R Dalton, Counsel for CSRP Pty Ltd.
Hearing details:
2017.
Melbourne:
27 February.
Final Submissions on undertaking:
Undertaking provided by the Respondent on 1 May 2017.
Appellant’s Submissions dated 8 May 2017.
Amended undertaking provided by the Respondent on 23 May 2017.
Confirmation of undertaking provided by the Appellant on 24 May 2017.
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Annexure A
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