ADCO Constructions Pty Ltd
[2024] FWCA 3513
•4 OCTOBER 2024
| [2024] FWCA 3513 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ADCO Constructions Pty Ltd
(AG2024/3305)
ADCO CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 4 OCTOBER 2024 |
Application for approval of the ADCO Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the ADCO Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (Agreement). The application was made by ADCO Constructions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2024. The nominal expiry date of the Agreement is 2 July 2027.
There is an obvious error in clause 2 of the Agreement in that the employer’s ABN is incorrectly stated. This was identified by the Applicant and I sought the views of the parties regarding how this should be addressed. Pursuant to s.218A of the Act the Agreement is varied such that the following line in clause 2 of the Agreement is deleted:
‘Employer means ADCO Constructions Pty Ltd ABN: 15 094 531 272’
and the following line is added to clause 2 of the Agreement:
‘Employer means ADCO Constructions Pty Ltd ABN: 46 001 044 391.’
COMMISSIONER
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