Australian Glass Install Pty Ltd T/A Australian Glass Install Pty Ltd

[2024] FWCA 526

[2024] FWCA 526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Glass Install Pty Ltd T/A Australian Glass Install Pty Ltd

(AG2024/159)

Australian Glass Install Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 6 FEBRUARY 2024

Application for approval of the Australian Glass Install Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Australian Glass Install Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Glass Install Pty Ltd T/A Australian Glass Install Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Notice of Employee Representational Rights (NERR) provided to the employees was not in the prescribed form. It is in the form as prescribed prior to 6 June 2023. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by section 188(5) of the Act to disregard the minor technical error.

1. The Construction, Forestry, and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 13 February 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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