Construction, Forestry and Maritime Employees Union
[2024] FWCA 4595
•20 DECEMBER 2024
| [2024] FWCA 4595 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4908)
APEX WELDING & STEEL FABRICATION PTY LTD ATF JOHN & MARIA GALGANO FAMILY TRUST T/AS APEX WELDING & STEEL FABRICATION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 20 DECEMBER 2024 |
Application for approval of the Apex Welding & Steel Fabrication Pty Ltd ATF John & Maria Galgano Family Trust T/As Apex Welding & Steel Fabrication and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027
The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Apex Welding & Steel Fabrication Pty Ltd ATF John & Maria Galgano Family Trust T/As Apex Welding & Steel Fabrication and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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. As required by s 201(2), I note that the Agreement covers the CFMEU.
The Agreement was approved on 20 December 2024.
DEPUTY PRESIDENT
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