//
austlii:cth/FWCA/2025/3718
General information, not legal advice.
FWCA
2025-11-06
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
ADDUSO HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
Application for approval of the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2024-2027.
[1] An application has been made for approval of an enterprise agreement known as the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] While considering the application for approval of the Agreement, the parties identified an error in clause 3 which deals with parties and persons bound and covered. Clause 3(c) identifies that 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 such that clause 3(c) reads as follows:
"c) Employees of the Company who perform work in the Building and Construction Industry as defined at clause 4.3(a) of the BCGOA."
[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) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2025. The nominal expiry date of the Agreement is 4 July 2027.
Printed by authority of the Commonwealth Government Printer