Construction, Forestry and Maritime Employees Union

[2024] FWCA 3893

[2024] FWCA 3893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3881)

KAT CORP CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 7 NOVEMBER 2024

Application for approval of the Kat Corp Constructions Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Kat Corp Constructions 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 notice of employee representational rights (NERR) 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. Section s.173(3) of the Act provides that the employer must give the NERR as soon as practicable, and not later than 14 days after the notification time for the Agreement. While the NERR was distributed more than 14 days after the notification time, the Applicant sought to rely on s.188(5) of the Act, submitting that employees were provided with ample time to exercise their right to appoint an alternative bargaining representative, that no employees exercised that right and that the employees were represented throughout bargaining by an experienced bargaining representative in the Applicant. In the circumstances of this matter, I consider the late provision of the NERR to be a minor procedural or technical error of the nature contemplated by s.188(5) of the Act 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 14 November 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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