Construction, Forestry and Maritime Employees Union

[2024] FWCA 2143

[2024] FWCA 2143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1815)

MONARO BRICK AND BLOCK PTY LTD AND CFMEU ACT BRICKLAYING AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 12 JUNE 2024

Application for approval of the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023

1. The Construction, Forestry and Maritime Employees Union has applied for approval of an enterprise agreement known as the Monaro Brick and Block Pty Ltd and CFMEU ACT Bricklaying Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).        

1. The Agreement is a single enterprise agreement.

1. It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting.[1] I consider the use of the earlier Notice is a minor technical error.

1. I am satisfied with the Employer’s and the Union’s responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

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 19 June 2024.

1. In accordance with Clause 6.1, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] [2023] FWC 3343 at [34].

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