Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 3400

[2019] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1170)

OCTEROS CABINETS (QLD) PTY LTD T/AS OCTEROS CABINETS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2019

Application for approval of the Octeros Cabinets (QLD) Pty Ltd T/As Octeros Cabinets and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Octeros Cabinets (QLD) Pty Ltd T/As Octeros Cabinets and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error on the cover page and clause 1 of the Agreement, as it did not reflect the accurate legal name of the Employer. The Applicant provided historical details of the relevant ABN which indicates that ABC Manufacturing Pty Ltd became Octeros Cabinets (QLD) Pty Ltd on 15 March 2019. The Agreement was made on 28 March 2019. On 10 May 2019, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. As the legal name of the Employer changed before the Agreement was made, 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] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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<AE503479  PR708382>

Annexure A