Construction, Forestry and Maritime Employees Union
[2024] FWCA 3785
•1 NOVEMBER 2024
| [2024] FWCA 3785 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/3861)
BSF MOBILE CRANES PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024-2028
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 NOVEMBER 2024 |
Application for approval of the BSF Mobile Cranes Pty Ltd QTMP Building Project Agreement 2024-2028
An application has been made for approval of an enterprise agreement known as the BSF Mobile Cranes Pty Ltd QTMP Building Project Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
A pre-June 2023 version of the NERR was provided to employees on 29 August 2024 and was subsequently lodged with the agreement. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others1, this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 2 July 2028.
DEPUTY PRESIDENT
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