Construction, Forestry and Maritime Employees Union

[2025] FWCA 640

[2025] FWCA 640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/254)

PRESTON HIRE (WA) PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 FEBRUARY 2025

Application for approval of the Preston Hire (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027

1. An application has been made for approval of a single enterprise agreement (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).

1. 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.

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) of the Act, 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 26 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

1. There is an obvious error in the title of the enterprise agreement in clause 1. As such, I sought confirmation from the parties as to whether they had any objections to the Commission exercising the discretion conferred on it by s.218A(a) of the Act to vary the agreement on the Commission’s own initiative such that, consistent with the Agreement’s title page, clause 1 of the Agreement is reads as follows:

‘This agreement will be cited as the Preston Hire (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027’.

1. No objections to the proposed variation were raised and as such, I amend the Agreement so that clause 1 reads as indicated in the proposed variation described above. The Amendment will come into effect from the date the Agreement commences operation, being 26 February 2025.

COMMISSIONER

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