Burton Industries Pty Ltd

[2021] FWCA 4750

[2021] FWCA 4750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burton Industries Pty Ltd
(AG2021/6407)

BURTON INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS COOLROOM BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

Application for approval of the Burton Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2020-2023.

[1] Burton Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Burton Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), 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(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[6] The Agreement was approved on 4 August 2021 and, in accordance with s 54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318