Saccardo Constructions (SA) Pty Ltd

[2023] FWCA 754

[2023] FWCA 754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saccardo Constructions (SA) Pty Ltd

(AG2023/235)

Saccardo Constructions (SA) Pty Ltd / CFMEU South Australia Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 9 MARCH 2023

Application for approval of the Saccardo Constructions (SA) Pty Ltd / CFMEU South Australia Enterprise Agreement 2022

1. Saccardo Constructions (SA) Pty Ltd has applied for approval of a single enterprise agreement known as the Saccardo Constructions (SA) Pty Ltd / CFMEU South Australia Enterprise Agreement 2022 (the Agreement).

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met. While notice of location of the vote to approve the Agreement was not given strictly in accordance with the Act, I am satisfied in the circumstances that this was the result of a minor procedural error. The level of support among employees for the Agreement confirms that the error is unlikely to have had any material affect on the outcome. The Agreement is taken to have been genuinely agreed for the purposes of s.188(2)(a).

1. The Agreement is approved and will operate from 16 March 2023. The nominal expiry date of the Agreement is 30 November 2025. The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

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