Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 703
•6 MARCH 2023
| [2023] FWCA 703 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/312)
ABSAFE POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2022
| Building services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 6 MARCH 2023 |
Application for approval of the Absafe Power Industry CFMEU Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Absafe Power Industry CFMEU Enterprise Agreement 2022 (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.
The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “ABSAFE PTY LTD and CFMEU (Victoria) Enterprise Agreement 2020-2023”, rather than the title of the Agreement filed with the Commission. I am satisfied however that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).
Clause 4.1 of the Agreement states the Agreement will operate from the date of lodgement. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.
The Construction, Forestry, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2023. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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