NSW FW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2011-2014
[2012] FWA 10269
•5 DECEMBER 2012
[2012] FWA 10269 |
|
DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements
Hunter Valley Formworks Pty Ltd
(AG2012/12739)
NSW FW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2011-2014
(ODN AG2011/3705) [AE891374]
s.319 - Application for an order re instruments covering new employer and non-transferring employees
(AG2012/13891)
NSW FW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2011-2014
(ODN AG2011/3705) [AE891374]
Building, metal and civil construction industries | |
COMMISSIONER CARGILL | SYDNEY, 5 DECEMBER 2012 |
Application for orders relating to instruments covering new employer and transferring employees in agreements.
[1] This decision concerns applications lodged on 26 November 2012 pursuant to sections 318 and 319 of the Fair Work Act 2009 (the Act) for orders relating to instruments covering a new employer and transferring and non-transferring employees in agreements. The instrument is the NSW FW Pty Ltd/CFMEU Collective Agreement 2011-2014 (the Agreement).
[2] The applications have been made by Hunter Valley Formworks Pty Ltd which is the new employer. The applications will have the effect that the Agreement will cover employees transferring from NSW FW Pty Ltd and will also cover new non-transferring employees employed by Hunter Valley Formworks Pty Ltd.
[3] I have received correspondence from the Construction, Forestry, Mining and Energy Union (CFMEU) which is covered by the Agreement. It has no objection to the orders sought.
[4] The application included detailed material which addressed each of the matters which Fair Work Australia must take into account under section 318(3) and 319(3).
[5] I have considered all of the matters set out in section 318(3) and 319(3) and in the circumstances consider that I should grant the applications. The orders giving effect to this decision come into operation on 5 December 2012.
COMMISSIONER
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