THE TRUSTEE FOR BNC WORKFORCE NSW UNIT TRUST T-AS BNC WORKFORCE NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Application for approval of The Trustee for BNC Workforce NSW Unit Trust t-as BNC Workforce NSW Pty Ltd / CFMEU Collective Agreement 2024-2027

[1] An application has been made for approval of an enterprise agreement known as The Trustee for BNC Workforce NSW Unit Trust t-as BNC Workforce NSW Pty Ltd /CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.

[2] This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] While considering the application for approval of the Agreement, the parties identified an error in clause 3 which deal with parties and persons bound and covered. Clause 3(c) identifies coverage of the Agreement includes 'Employees of the Company who are eligible to be members of the Construction, Forestry and Maritime Employees Union.' The parties submit that the clause erroneously identifies the coverage based on union coverage whereas the intent was that the Agreement would cover employees who perform work in the building and construction industry.

[4] The Applicant seeks that the Commission exercise its discretion pursuant to s 218A of the Act to amend the Agreement to correct the error. Having heard from the parties I am satisfied that the above is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s 218A of the Act. The Agreement will be varied that such that clause 3(c) reads as follows:

"c) Employees of the Company who perform work in the Building and Construction Industry as defined in the BCGOA."

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 October 2025. The nominal expiry date of the Agreement is 4 July 2027.

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