Victoria Hoist Rentals Pty Ltd

[2015] FWCA 5834

[2015] FWCA 5834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Hoist Rentals Pty Ltd
(AG2015/4620)

VICTORIA HOIST RENTALS PTY LTD AND THE CFMEU RIGGER / STEEL ERECTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the VICTORIA HOIST RENTALS PTY LTD and the CFMEU Rigger / Steel Erectors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the VICTORIA HOIST RENTALS PTY LTD and the CFMEU Rigger / Steel Erectors Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

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