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austlii:cth/FWCA/2025/3163
General information, not legal advice.
FWCA
2025-09-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ANS SOUTHERN PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION VICTORIA ENTERPRISE AGREEMENT 2025
Application for approval of the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025
[1] ANS Southern Pty Ltd has applied for approval of an enterprise agreement known as the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met.
[4] The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.
[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2025.
[6] In accordance with clause 5, the nominal expiry date of the Agreement is 30 June 2028.
[7] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.
[8] I determined to vary the Agreement on application by ANS Southern, following the identification of the following errors:
- The reference to Maritime Union of Australia, A Division of the Construction Forestry Maritime Mining and Energy Union in the title and at clauses 1, 3, 6(f) and 6(o) should instead be a reference to Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union.
- The reference to CFMMEU at clauses 6(f), 51.1, 57, 58 and 59 should instead be a reference to CFMEU.
[9] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences (26 September 2025).
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