J. Hutchinson Pty. Ltd.
[2024] FWCA 4461
•12 DECEMBER 2024
| [2024] FWCA 4461 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
J. Hutchinson Pty. Ltd.
(AG2024/4650)
J HUTCHINSON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 12 DECEMBER 2024 |
Application for variation of the J Hutchinson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 -2027
An application has been made by J. Hutchinson Pty. Ltd. (Applicant) pursuant to s.218A of the Fair Work Act 2009 (Cth)(Act) to vary the J Hutchinson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement) to correct or amend an error, defect or irregularity.
The Agreement was approved by the Fair Work Commission (Commission) on 19 September 2024 and commenced operation on 26 September 2024. The Applicant is the employer covered by the Agreement. The Construction, Forestry and Maritime Employees Union is also covered by the Agreement.
Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). The Agreement contains an obvious error in clause 2 of the Agreement in that the employer’s ABN is incorrectly stated. In particular, clause 2 of the Agreement currently states the employer’s ABN as 38 004 255 654 which is not the ABN of the Applicant. The Applicant seeks to have the Agreement reflect the correct ABN which is 52 009 778 330. The views of the bargaining representatives for the Agreement were sought and no objections were raised.
Pursuant to section 218A of the Act, I vary the Agreement to correct this obvious error such that the reference to the ABN ‘38 004 255 654’ in clause 2 of the Agreement is replaced with the Applicant’s correct ABN, being ‘52 009 778 330’.
The variation operates from 26 September 2024 being the date the Agreement commenced operation.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE526122 PR782401>
0
0
0