Wagstaff Piling Pty Ltd
[2022] FWCA 47
•10 JANUARY 2022
| [2022] FWCA 47 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wagstaff Piling Pty Ltd
(AG2021/8984)
Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 10 JANUARY 2022 |
Application for approval of the Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024
An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagstaff Piling Pty Ltd. The Agreement is a single enterprise agreement.
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 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2022. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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