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austlii:cth/FWCA/2025/4073
General information, not legal advice.
FWCA
2025-12-16
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
CHRISTIES PEOPLE PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024-2027
Application for approval of the Christies People Pty. Ltd. / CFMEU Collective Agreement 2024-2027
[1] An application has been made for approval of an enterprise agreement known as the Christies People Pty. Ltd. / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by 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 Australian Worker's Union raised the concern about the Agreement's coverage provisions in the context of the Applicant's coverage.
[3] The Applicant indicated that the intention of the proposed agreement was to cover work solely in the building and construction industry. The Applicant submitted that there was an oversight in drafting the Agreement that caused for this intention not to be realised at clause 3(c) of the Agreement and this is an obvious error in the Agreement. The Applicant sought that the Commission exercise its powers pursuant to s.218A of the Act to vary clause 3(c) of the Agreement.
[4] Having sought the views of the parties I am satisfied that the there is an obvious error, defect or irregularity in the Agreement and I will amend the Agreement pursuant to s.218A such that, as proposed by the Applicant so that clause 3(c) reads:
"Employees of the Company who perform work in the Building and Construction Industry as defined at clause 4.3(a) of the BCGOA."
[5] 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.
[6] 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.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2025. The nominal expiry date of the Agreement is 4 July 2027.
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