Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1059

[2023] FWCA 1059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/677)

DOWELL’S BUILDING SERVICES PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2023

Application for approval of the Dowell’s Building Services Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

1. An application has been made for approval of an enterprise agreement known as the Dowell’s Building Services Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (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 (CFMMEU). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. To the extent the notice of employee representational rights (NERR) was not consistent with the coverage of the Agreement, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) and that the employees covered by the Agreement are 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.

1. The Employer, Dowell’s Building Services Pty Ltd, has filed a Form F17 Statutory Declaration in support of the Agreement.

1. The CFMMEU lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the CFMMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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