Construction, Forestry and Maritime Employees Union [2025] FWCA 2028 (23 June 2025)

[1] An application has been made for approval of an enterprise agreement known as the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

Construction, Forestry and Maritime Employees Union [2025] FWCA 2028 (23 June 2025)

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Judgment (10 paragraphs)

Construction, Forestry and Maritime Employees Union [2025] FWCA 2028 (23 June 2025)

Legislation Cited (1)