Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6585

[2021] FWCA 6585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8072)

FERRISTEX PTY LTD ENTERPRISE AGREEMENT 2021 - 2024

Textile industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Ferristex Pty Ltd Enterprise Agreement 2021 -2024.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (105N) (the Applicant) has made an application for approval of an enterprise agreement known as the Ferristex Pty Ltd Enterprise Agreement 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] In the support materials provided, the Applicant indicated that on 7 October 2021, employees were advised of the vote details and that the vote would commence on 14 October 2021, which is one day less than the 7 clear days required in the Act. Employees were also provided a copy of the Agreement on 7 October 2021, which is one day less than the 7 clear days prior to the vote as required in the Act. Pursuant to s.188(2), I consider this a minor procedural error that did not disadvantage the employees covered by the Agreement.

[3] The Construction, Forestry, Maritime, Mining & Energy 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 this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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