Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5995

[2021] FWCA 5995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6843)

APPLICATION FOR APPROVAL OF THE MCLS (AUST) PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 24 SEPTEMBER 2021

Application for approval of the MCLS (Aust) PTY LTD / CFMEU South Australia Enterprise Agreement 2021

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the MCLS (Aust) PTY LTD / CFMEU South Australia Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] There are two matters relating to the notice of employee representational rights (the NERR). First, the NERR erroneously referred to the name of the proposed enterprise agreement as the MCLS (Aust) PTY LTD / CFMEU South Australia Enterprise Agreement 2020. Second, the NERR was issued to employees by way of an electronic link which took the employees to a copy of the NERR on the employer’s intranet/website. The employer’s logo is displayed at the top of the intranet/website page on which the NERR is placed.

[3] Having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that these matters constitute minor procedural or technical errors for the purposes of s.188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The CFMMEU 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 CFMMEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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 1   [2019] FWCFB 318.