Construction, Forestry and Maritime Employees Union

[2024] FWCA 2596

[2024] FWCA 2596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2488)

JOHN HOLLAND PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2024

Application for approval of the John Holland Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd / CFMEU Collective Agreement 2024-2027 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

1. 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.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2024. The nominal expiry date of the Agreement is 4 July 2027.

Variation

1. On 12 July 2024 the Applicant made an application under s.218A of the Fair Work Act 2009 (Cth) to vary the enterprise agreement to correct or amend an obvious error, defect or irregularity.

1. The Applicant sought to vary clause 1 of the Agreement which states that the title of the agreement is ‘Company Name Pty Limited / CFMEU Collective Agreement 2024-2027’ and amend it so that the title is ‘John Holland Pty Ltd / CFMEU Collective Agreement 2024-2027’. The Applicant submits that this was a typographical error.

1. Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

“Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1)The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2)The FWC may vary an enterprise agreement under subsection (1):

(a)   on its own initiative; or

(b)   on application by any of the following:

(i)one or more of the employers covered by the agreement;

(ii)an employee covered by the agreement;

(iii)an employee organisation covered by the agreement.

(3)If the FWC varies an enterprise agreement under subsection (1), the

variation operates from the day specified in the decision to vary the agreement.”

1. Considering s.218A(2)(b)(iii) of the Act, the Fair Work Commission may vary an enterprise agreement on application by an employee organisation covered by the agreement.

1. I am satisfied that the agreement should be varied to correct the error at clause 1 of the agreement in relation to the title of the agreement.

Order

1. I order[1], pursuant to s.218A of the Act, that the Agreement be varied to correct the obvious errors at clause 1 of the agreement.

1. The variation will operate from 16 July 2024.

COMMISSIONER

[1] PR776976.

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<AE525426  PR776956>