Smart Commercial Group Pty Ltd T/A Smart Graffiti
[2023] FWCA 224
•23 JANUARY 2023
| [2023] FWCA 224 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Smart Commercial Group Pty Ltd T/A Smart Graffiti
(AG2022/5232)
SMART COMMERCIAL GROUP PTY LTD TAS SMART GRAFFITI AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023.
| Building services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 23 JANUARY 2023 |
Decision - Enterprise Agreement - Approval
An application has been made for approval of an enterprise agreement known as the SMART COMMERCIAL GROUP PTY LTD TAS SMART GRAFFITI AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Smart Commercial Group Pty Ltd T/A Smart Graffiti. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Notice of Employee Representational Rights was not in the prescribed form, as the title of the agreement described in the Notice of Employee Representational Rights was different to the title of the Agreement filed with the Commission. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Construction, Forestry, Maritime, Mining and Energy 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), I note that the Agreement covers the organisation.
The Agreement was approved on 23 January 2023 and, in accordance with s.54, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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