AllenCon Pty Ltd
[2022] FWCA 865
•11 MARCH 2022
| [2022] FWCA 865 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AllenCon Pty Ltd
(AG2022/542)
AllenCon Pty Ltd Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 11 MARCH 2022 |
Application for approval of the AllenCon Pty Ltd Enterprise Agreement 2022
AllenCon Pty Ltd applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the AllenCon Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Applicant made an error by not notifying employees by the start of the access period for the Agreement of the time and place at which the vote would occur, as required by s.180(3) of the Act. Instead, the employees were notified immediately after the start of the access period.
Having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, I am satisfied that this error is a minor procedural or technical error and that pursuant to s. 188(2)(a) of the Act I can be satisfied that the Agreement would have been genuinely agreed but for this minor error. In this regard, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error. The Agreement replaces the AllenCon Pty Ltd Enterprise Agreement 2018 and is similar terms to that Agreement. A majority of employees approved the Agreement. Accordingly, there is no basis for finding that the error had any bearing on the outcome of the ballot to approve the Agreement.
I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 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 s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.
The Agreement is approved in accordance with s.54 of the Act and will operate from 18 March 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515307 PR739230>
0
0
0