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austlii:cth/FWCA/2021/5667
procedural. The Agreement was approved and will operate from 24 September 2021 with a nominal expiry date of 30 June 2023.
The Fair Work Commission approved an enterprise agreement between Fishtails Enterprises (trading as CKI Joinery) and the CFMEU. Despite a minor discrepancy in the agreement's title between documents, the Commission found this was a technical error that did not disadvantage employees. The agreement will operate from 24 September 2021 until 30 June 2023.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
FISHTAILS ENTERPRISES PTY. LTD. T/AS CKI JOINERY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023
Application for approval of the FISHTAILS ENTERPRISES PTY. LTD. T/As CKI JOINERY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the FISHTAILS ENTERPRISES PTY. LTD. T/As CKI JOINERY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
[5] The Construction, Forestry, Maritime, Mining and Energy 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 24 September 2021. The nominal expiry date of the Agreement is 30 June 2023.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 24 September 2021 with a nominal expiry date of 30 June 2023.