Construction, Forestry and Maritime Employees Union
[2024] FWCA 2461
•3 JULY 2024
| [2024] FWCA 2461 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/1969)
CFMEU CONSTRUCTION & GENERAL DIVISION OFFICE COLLECTIVE AGREEMENT 2024-2027
| Clerical industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 3 JULY 2024 |
Application for approval of the CFMEU Construction & General Division Office Collective Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the CFMEU Construction & General Division Office Collective Agreement 2024-2027 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Construction, Forestry and Maritime Employees Union (Employer). The Agreement is a single enterprise agreement.
The title of the Agreement in the Notice of Employee Representational Rights (NERR) issued by the Employer incorrectly refers to the year “2023” in the title of the Agreement rather than the year “2024”. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 July 2024. The nominal expiry date of the Agreement is 1 October 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525286 PR776659>
Annexure A
0
0
0