Construction, Forestry and Maritime Employees Union

[2024] FWCA 4198

[2024] FWCA 4198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4000)

TOP DECK GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 NOVEMBER 2024

Application for approval of the Top Deck Group Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Top Deck Group Pty Ltd / CFMEU Collective 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.

1. The application was not lodged within 14 dates after the Agreement was made. The Commission sought submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made, being 10 October 2024, and grant the extension until this date.

1. The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 5 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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