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austlii:cth/FWCA/2025/1467
General information, not legal advice.
FWCA
2025-05-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
ANIMAL COMMERCIAL CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027
Application for approval of the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027
[1] An application has been made for approval of an enterprise agreement known as the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 17 April 2025.
[3] On 23 April 2025, I provided the parties with a table of issues which included a concern about the proposed agreement being provided to employees at the same time as the Notice of Representational Rights (NERR). Despite the fact that a bargaining process did not occur, having considered the authority contained in SDA v Allen Family Pty Ltd,[1] I am satisfied that the Agreement has been genuinely agreed.
[4] There were concerns 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.
[5] 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.
[6] 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.
[7] 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 2 July 2027.
[1] SDA v Allen Family Pty Ltd [2024] FWCFB 48, [9].
Printed by authority of the Commonwealth Government Printer
[3] On 23 April 2025, I provided the parties with a table of issues which included a concern about the proposed agreement being provided to employees at the same time as the Notice of Representational Rights (NERR). Despite the fact that a bargaining process did not occur, having considered the authority contained in SDA
Allen Family Pty Ltd,_[1] I am sati