Construction, Forestry and Maritime Employees Union

[2024] FWC 2768

[2024] FWC 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2585)

DEPUTY PRESIDENT BELL MELBOURNE, 4 OCTOBER 2024

Application for approval of the Lewis Fabrications Pty Ltd and CFMEU Union Collective Agreement 2023-2027- minimum number of employees - application dismissed

1. An application has been made for approval of an enterprise agreement known as the Lewis Fabrications Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement

1. On 23 August 2024, my chambers sent correspondence to the parties outlining an issue regarding the workforce. Question 6 of the Form F17B stated that there were two employees of the employer, one of whom being a casual employee. I sought further information from the parties whether the casual employee was employed during the access period prior to and at the time of vote: see Appeal by Kmart Australia Limited & ors[2019] FWCFB 7599.

1. On 28 August 2024 the CFMEU provided a response based on information provided by the employer which noted “The casual employee was not employed during the access period”, although it indicated that the employee had been previously engaged.

1. Section 172(6) of the Act provides that an enterprise agreement cannot be made with a single employee. The response from the CFMEU indicates that the casual employee was not employed during the access period. Accordingly, it follows that the Agreement was only made with one employee, contrary to s.172(6).

1. As I am not persuaded that the Agreement has been made other than with a single employee, I am not satisfied the requirements in s.172(6) of the Act have been met. As such, the Agreement cannot be approved and therefore I order that the Application is dismissed.

DEPUTY PRESIDENT

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