AJK Civil Pty Ltd

[2020] FWCA 5825

[2020] FWCA 5825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJK Civil Pty Ltd
(AG2020/2950)

AJK CIVIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the AJK Civil Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AJK Civil Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AJK Civil Pty Ltd. 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] Employees were emailed details of the vote on 9 September 2020 and the vote took place on 16 September. Therefore, the employer did not notify the relevant employees of the voting details by the start of the access period for the agreement as required under s.180(3) of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 29 October 2024.

COMMISSIONER

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