Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 3154

[2020] FWCA 3154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1406)

HYBRID BUILDING SERVICES PTY LTD T/A NOVAS GLASS & GLAZING AND CFMMEU ENTERPRISE AGREEMENT 2019

Building services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 JUNE 2020

Application for approval of the Hybrid Building Services Pty Ltd t/a Novas Glass & Glazing and CFMMEU Enterprise Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Hybrid Building Services Pty Ltd t/a Novas Glass & Glazing and CFMMEU Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The employer did not provide seven clear days between notification of the vote and the commencement of the vote as required by section 180 of the Act. Further, the employer did not provide 21 clear days between the provision of the Notice of Employee Representational Rights and the commencement of the vote as required by section 181(2) of the Act (collectively, Errors).

[3] The CFMMEU provided submissions as to the Errors on 15 June 2020. On the basis of those submissions, I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1(Huntsman)that the Errors constitute minor technical or procedural errors for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by the Errors.

[4] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[5] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information and submissions provided by the CFMMEU, 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.

[6] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 16 June 2020 and, in accordance with s 54, will operate from 23 June 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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