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austlii:cth/FWCA/2024/3758
appellant. The Agreement was approved on 30 October 2024.
The Fair Work Commission approved an enterprise agreement between GVK NSW Reo Pty Ltd and the CFMEU. Although the notice given to employees about their representational rights was not in the correct form, the Commission found this was only a minor technical error that did not disadvantage employees, so the agreement could still be approved under the Fair Work Act.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
Application for approval of the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027
[1] The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are 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 of the Act.
[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
[4] The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.
[5] The Agreement was approved on 30 October 2024.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved on 30 October 2024.