Construction, Forestry and Maritime Employees Union
[2024] FWCA 3521
•8 OCTOBER 2024
| [2024] FWCA 3521 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/2758)
ZENITH WORKFORCE AUST PTY LTD T-AS ZENCON GROUP AUST / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 8 OCTOBER 2024 |
Application for approval of the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / CFMEU Collective Agreement 2024-2027
The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the FW Act).
While the application is generally in order, the notice of employee representational rights was not in the prescribed form. Further, 21 days did not elapse between the distribution of the notice and the vote. However, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(5)(a) and that the employees are not likely to have been disadvantaged by them. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the FW Act.
Section 186(1) of the FW Act states that, if an application for the approval of an enterprise agreement is made under s 185, the Commission must approve the agreement if the requirements set out in ss 186 and 187 are met. The Commission has no residual discretion. On the basis of the material contained in the application, the accompanying declaration and additional information provided by the CFMEU, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application have been met. The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 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 8 October 2024.
DEPUTY PRESIDENT
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