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

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

Case [2018] FWCA 42

Enterprise Agreement

Approval of Agreement

Expiry Date

Employment & Labour Law

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[2018] FWCA 42

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/6405)

Express Interiors and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020

Building, metal and civil construction industries
MELBOURNE, 3 JANUARY 2018

Application for approval of the Express Interiors and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. Correction to decision: nominal expiry date.

The decision issued by the Fair Work Commission on 3 January 2018 [[2018] FWCA 42, AE426785, PR599206] is corrected by deleting paragraph [4] and replacing it with the following:

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Construction, Forestry, Mining and Energy Union-Western Australian Branch [2018] FWCA 42
Case: [2018] FWCA 42
Decision Date: 3 JANUARY 2018

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union-Western Australian Branch and Express Interiors. The dispute centred on the approval of the Express Interiors and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The matter was brought before the Fair Work Commission to seek approval of the enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009 and whether the nominal expiry date specified in the agreement was correctly aligned with the terms of the Act. The Commission had to consider if the agreement appropriately addressed the terms and conditions of employment and if it complied with the procedural requirements for approval.

The Fair Work Commission approved the enterprise agreement, acknowledging its alignment with the provisions of the Fair Work Act 2009. The Commission corrected the nominal expiry date of the agreement to 31 December 2018, ensuring compliance with the Act. This correction was made to accurately reflect the intended duration of the agreement as stipulated by the parties.

The final orders of the Commission were that the Express Interiors and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 was approved, effective from 10 January 2018, with a nominal expiry date of 31 December 2018. This decision provided clarity and legal certainty regarding the terms of the agreement and its duration.

Orders