Construction, Forestry and Maritime Employees Union
[2024] FWCA 1692
•8 MAY 2024
| [2024] FWCA 1692 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/1385)
AJA INDUSTRIES AUSTRALIA PTY LTD T/A JACARANDA INDUSTRIES AND CMFEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023-2025
| Manufacturing and associated industries | |
| COMMISSIONER ALLISON | MELBOURNE, 8 MAY 2024 |
Application for approval of the AJA Industries Australia Pty Ltd T/A Jacaranda Industries and CMFEU - Manufacturing Division Enterprise Agreement 2023-2025
An application has been made for approval of an enterprise agreement known as the AJA Industries Australia Pty Ltd T/A Jacaranda Industries and CMFEU - Manufacturing Division Enterprise Agreement 2023-2025 (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 Employer is AJA Industries Australia Pty Ltd T/A Jacaranda Industries. The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) that was issued to the employees was not on the current prescribed form. I also note that the employees covered by the NERR appears to be narrower than that of the Agreement, as it does not include reference to employees performing work within the scope of the Building and Construction General On-Site Award 2020 and the Joinery and Building Trades Award 2020. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2024. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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