Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 6868

[2020] FWCA 6868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3497)

UBS SERVICES PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 DECEMBER 2020

Application for approval of the UBS Services Pty Ltd and CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UBS Services Pty Ltd and CFMMEU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 52, clause 51.14. On 8 December 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and 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) I note that the Agreement covers the organisation.

[5] I note that the Notice of Employee Representational Rights provided to employees was not in the prescribed form. 1 Specifically, it did not contain the correct name of the proposed enterprise agreement. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[6] The Agreement was approved on 17 December 2020 and, in accordance with s.54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

 1 See section 174(1A) Fair Work Act 2009.; Fair Work Regulations 2009 r 2.1, Scheduled 2.1.

 2   [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE509864  PR725594>