Raw Personnel Pty Ltd
[2024] FWCA 4511
•17 DECEMBER 2024
| [2024] FWCA 4511 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Raw Personnel Pty Ltd
(AG2024/4687)
RAW PERSONNEL PTY LTD / CMFEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2024
| Building services | |
| COMMISSIONER PLATT | ADELAIDE, 17 DECEMBER 2024 |
Application for approval of the RAW Personnel Pty Ltd / CMFEU South Australia Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the RAW Personnel Pty Ltd / CMFEU South Australia Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Raw Personnel Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 4 December 2024.
On 5 December 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.
The Applicant provided submissions and supporting material to resolve the pre-approval concerns identified. The submissions are relevantly summarised below:
Method of vote:
· The vote was conducted via text message on 19 November 2024. The votes were sent to the mobile number of the Compliance Manager for the South Australian Branch of the CFMEU Construction and General Division, Ms Eleni Demourtzidis. No employee votes were disclosed to or ascertainable by the employer.
There were concerns raised about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.
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 this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.
COMMISSIONER
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