Eptec Pty Ltd T/A Eptec Defence Solutions

[2024] FWCA 2994

[2024] FWCA 2994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eptec Pty Ltd T/A Eptec Defence Solutions

(AG2024/2929)

DEFENCE SOLUTIONS EAST AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 14 AUGUST 2024

Application for approval of the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eptec Pty Ltd T/A Eptec Defence Solutions. The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

1. 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.

1. The Construction, Forestry and Maritime Employees 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), the Commission notes that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2024. The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

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