Fern Form Construction Nsw Pty Ltd

[2021] FWCA 106

[2021] FWCA 106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fern Form Construction Nsw Pty Ltd
(AG2020/3688)

FERN FORM CONSTRUCTION NSW PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 JANUARY 2021

Application for approval of the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Fern Form Construction NSW Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fern Form Construction NSW Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The last date that a notice of employee representational rights was given to an employee who will be covered by the agreement was 3 November 2020 and voting occurred on 19 November 2020. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.181(2) of the Act. I am satisfied that the employees covered by the agreement were 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2021. The nominal expiry date of the Agreement is 10 January 2025.

COMMISSIONER

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