Application for approval of the Ausform Projects (OCJ) Pty Ltd Enterprise Agreement (Tasmania) 2024-2028.

[1] An application has been made for approval of an enterprise agreement known as the Ausform Projects (OCJ) Pty Ltd Enterprise Agreement (Tasmania) 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer OCJ Pty Ltd T/A Ausform Projects. The Agreement is a single enterprise agreement.

[2] Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry and Maritime Employees Union (CFMEU), 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.

[4] The Agreement lodged appeared to contain an error in Clause 2 of the Agreement regarding the definition of "Company", which was said to mean "Stephen Little Constructions Pty Ltd". I wrote to the parties noting that the reference to "Stephen Little Constructions Pty Ltd" appeared to be a typographical error and should instead refer to "OCJ Pty Ltd trading as Ausform Projects", and that I intended to amend the Agreement on my own initiative pursuant to s.218A of the Act to replace "Stephen Little Constructions Pty Ltd" with "OCJ Pty Ltd trading as Ausform Projects". Parties were provided an opportunity to provide submissions if they disagreed with this proposed course of action. The employer subsequently confirmed it was a typographical error and had no objection to the proposed amendment, and the CFMEU confirmed that my assumption regarding the error was correct. I am satisfied the incorrect definition of the Company in clause 2 is an obvious error and I now amend the Agreement accordingly pursuant to s.218A of the Act.

[5] The Agreement was approved on 2 May 2025 and, in accordance with s.54 of the Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 3 February 2028.

Printed by authority of the Commonwealth Government Printer