austlii:cth/FWCA/2025/4408
General information, not legal advice.
FWCA
2025-12-23
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
PTE SERVICES NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
Application for approval of the PTE Services NSW Pty Ltd / CFMEU Collective Agreement 2024-2027
[1] An application has been made for approval of an enterprise agreement known as the PTE Services NSW Pty Ltd / CFMEU Collective 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was made, being 8 December 2025, and grant the extension until this date.
[3] 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.
[4] 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.
[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) of the Act, 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 30 December 2025. The nominal expiry date of the Agreement is 4 July 2027.
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