Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 2069
•23 JUNE 2022
| [2022] FWCA 2069 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1829)
Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 23 JUNE 2022 |
Application for approval of the Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024
An application has been made for approval of an enterprise agreement known as the Geotech Pty Ltd / CFMEU NSW Collective Agreement 2022-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union (Applicant). The Agreement is a single enterprise agreement.
On the material before the Commission, it does not appear that employees were notified of the vote at least seven clear days before voting commenced contrary to s 180(3) of the Act. In the circumstances, having regard to the material before the Commission and noting that all of the employees proposed to be covered by the Agreement voted in favour of the Agreement, I am satisfied that:
(a) this constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and
(b) The employees to be covered by the agreement were not likely to have been disadvantaged by the error.[1]
Accordingly, I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act. I am also satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Applicant, 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 Applicant.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318
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