Exar (Vic) Pty Ltd
[2025] FWCA 1435
•1 MAY 2025
| [2025] FWCA 1435 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Exar (Vic) Pty Ltd
(AG2025/1191)
EXAR (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 1 MAY 2025 |
Application for approval of the Exar (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Exar (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Exar (Vic) Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The CFMEU, 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 application for approval of the Agreement was accompanied by an application to vary the proposed Agreement pursuant to s.218A of the Act, to correct an obvious error in the proposed Agreement. The variation sought was to correct an incorrect reference to the employers ABN in clause 2, which should read ‘Employer means Exar (Vic) Pty Ltd ABN: 38 108 838 400’. I am satisfied the incorrect ABN of the Employer in clause 2 is an obvious error and I now amend the Agreement accordingly pursuant to s.218A of the Act.
The Agreement was approved on 1 May 2025 and, in accordance with s.54 of the Act, will operate from Thursday 8 May 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
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