Construction, Forestry and Maritime Employees Union
[2025] FWCA 1122
•10 APRIL 2025
| [2025] FWCA 1122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/829)
APP PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRCATORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 10 APRIL 2025 |
Application for approval of the APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the the APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2025. The nominal expiry date of the Agreement is 2 July 2027.
Section 218A(1) of the Act provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).
The Applicant sought that a variation be made as the Agreement contains an error in clause 1 of the Agreement, which sets out the Agreement’s title. Clause 1 is inconsistent with the Agreement’s title page in that it references the name of the Agreement as the ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 – 2027’ (underlining added). I find that this is an obvious error of the nature contemplated by s.218A of the Act and pursuant to s.218A of the Act, I vary the Agreement to correct this obvious error such that the reference to ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 – 2027’ in clause 1 of the Agreement is replaced with the Agreement’s intended title, being the ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 – 2027’. This variation takes effect from the date of the Agreement’s operation.
COMMISSIONER
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