Above Scaffolding Services Pty Ltd

[2019] FWCA 5800

[2019] FWCA 5800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Above Scaffolding Services Pty Ltd
(AG2019/2122)

ABOVE SCAFFOLDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 AUGUST 2019

Application for approval of the Above Scaffolding Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] Above Scaffolding Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Above Scaffolding Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that would be used, as required by s 180(3) of the Act. However, I note the high voter turnout and that notification of the vote was effected immediately after the start of the access period.

[3] Accordingly, I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1(Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error. I am therefore satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] 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.

[5] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions in its application and in an email to the Commission on 8 August 2019 as to the explanation for the late lodgment. On the basis of those submissions, 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 actually made.
[6] The Agreement was approved on 20 August 2019 and, in accordance with s 54, will operate from 27 August 2019. The nominal expiry date of the Agreement is 20 August 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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