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austlii:cth/FWCA/2016/3985
procedural. Approved
The Fair Work Commission approved an enterprise agreement between All Hoist Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union. The Commission was satisfied that all legal requirements were met, including that the group of employees covered by the agreement was fairly chosen even though not all employees were covered. The Commission also noted that the union was covered by the agreement because it had given notice under the Fair Work Act that it wanted to be covered.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Construction, Forestry, Mining and Energy Union
ALL HOIST RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019
Application for approval of the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.
[1] An application has been made for approval of an enterprise agreement known as the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.
[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 2 July 2019.
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Approved