Construction, Forestry and Maritime Employees Union

[2025] FWCA 148

[2025] FWCA 148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5102)

CONO SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2025

Application for approval of the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 23 December 2024.

1. On 2 January 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

1. On 8 January 2025, the Applicant provided a statutory declaration of Anthony Sloane and submissions which resolved the pre-approval concerns identified.

2. In respect of notification time, it appears the Notice of Employee Representational Rights was not provided to employees within the 14-day time frame as required by s173(3) of the Act. Noting the CFMEU was the only bargaining representative, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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