Alerton Contracting (Qld) Pty Ltd
[2022] FWCA 4445
•15 DECEMBER 2022
| [2022] FWCA 4445 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alerton Contracting (Qld) Pty Ltd
(AG2022/5091)
Alerton Contracting (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 15 DECEMBER 2022 |
Application for approval of the Alerton Contracting (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020
Alerton Contracting (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Alerton Contracting (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees did not receive the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are 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.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) and the Australian Manufacturing Workers' Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the CEPU and the AMWU.
The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 1 January 2024.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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