Ireland Brown Constructions Pty Ltd
[2025] FWCA 872
•13 MARCH 2025
| [2025] FWCA 872 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ireland Brown Constructions Pty Ltd
(AG2025/540)
IRELAND BROWN CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 13 MARCH 2025 |
Application for approval of the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement). The application was made by Ireland Brown Constructions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The notice of employee representational rights (NERR) that was provided to employees was not in the correct form. In particular the NERR differs from the form prescribed by the Fair Work Regulations2009 (Cth)[1] in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. There is also an error in in the title of the Agreement as contained in the NERR in that ‘Pty’ is missing from the name of the employer. I consider these to be minor procedural or technical errors of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the errors.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
[1] Fair Work Regulations 2009 (Cth), Reg 2.05, Schedule 2.1.
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