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austlii:cth/FWCA/2016/5981
procedural. The Agreement was approved on 24 August 2016 and, in accordance with s.54 of the Fair Work Act 2009 (Cth), will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.
The Fair Work Commission approved an enterprise agreement between Delta Pty Ltd (trading as Delta Group) and the Construction, Forestry, Mining and Energy Union for the building, metal and civil construction industries. 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 CFMEU, as a bargaining representative, properly gave notice to be covered by the agreement. The agreement operates from 31 August 2016 until 30 June 2018.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Construction, Forestry, Mining and Energy Union
DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018
Application for approval of the Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.
[1] An application has been made for approval of an enterprise agreement known as Delta Pty Ltd T/As Delta Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.
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The Agreement was approved on 24 August 2016 and, in accordance with s.54 of the Fair Work Act 2009 (Cth), will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.