Construction, Forestry and Maritime Employees Union

[2024] FWCA 2906

[2024] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2803)

PEDERSEN INDUSTRIES MARYVALE PTY LTD AND CFMEU MANUFACTURING DIVISION AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 AUGUST 2024

Application for approval of the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026

1. An application has been made for approval of an enterprise agreement known as the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.    

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The CFMEU 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 14 August 2024. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

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