Mercav Constructions Pty Ltd, Construction, Forestry and Maritime Employees Union
[2025] FWCA 1310
•22 APRIL 2025
| [2025] FWCA 1310 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mercav Constructions Pty Ltd, Construction, Forestry and Maritime Employees Union
(AG2025/1031)
MERCAV CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 22 APRIL 2025 |
Application for approval of the Mercav 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 Mercav Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division_ (Agreement). The application was made by Mercav 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) provided with the application omits details in the first paragraph as a template NERR has been used. However the NERR was provided via an email which made clear that it was the Applicant that was commencing the bargaining process and that email was clearly distributed to employees proposed to be covered by the Agreement at the notification time. Further, these were the same employees ultimately requested to vote on the Agreement. In the circumstances of this matter, I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
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 8 May 2025. The nominal expiry date of the Agreement is 2 July 2027.
The Applicant also made an application correct an obvious error under s.218A of the Act as that the Applicant’s Australian Business Number (ABN), in clause 2 ‘Definitions’ does not include the correct ABN of the Applicant. The Applicant seeks to have the Agreement amended to reflect its applicable ABN, being 38 495 728 436. Pursuant to s.218A I vary the Agreement so that ABN in the definition of ‘Employer’ in clause 2 of the Agreement is replaced with the correct ABN, being 38 495 728 436.
COMMISSIONER
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