Vos Construction and Joinery Pty Ltd

[2014] FWCA 8817

[2014] FWCA 8817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vos Construction and Joinery Pty Ltd
(AG2014/9733)

VOS CONSTRUCTION AND JOINERY PTY LTD [CONSTRUCTION SOUTH] & CFMEU ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise 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 Vos Construction and Joinery Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 21 February 2017.

DEPUTY PRESIDENT

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