ARA Electrical High Voltage Services Pty Ltd

[2021] FWCA 6296

[2021] FWCA 6296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Electrical High Voltage Services Pty Ltd
(AG2021/7421)

APPLICATION FOR APPROVAL OF THE ARA ELECTRICAL HIGH VOLTAGE SERVICES (CENTRAL REGION) SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 15 OCTOBER 2021

Application for approval of the ARA Electrical High Voltage Services (Central Region) Single Enterprise Agreement 2021

[1] ARA Electrical High Voltage Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ARA Electrical High Voltage Services (Central Region) Single Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

[2] The notice of employee representational rights (the NERR) erroneously referred to the name of the proposed enterprise agreement as the ARA Electrical High Voltage Services Central Branch Single Enterprise Agreement 2021.

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

Regulation 2.06A Requirements

[4] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was filed on 12 October. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Obvious Errors

[5] The Agreement lodged contained some obvious errors.

[6] Clause 10.11.2 refers to “sub-clause b)” rather than “sub-clause 10.11.1”. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] Clause 12.2 (b) refers to “section 172” rather than “section 194”. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] Schedule D is titled “Schedule D – Tradesman and Apprentice Minimum Basic Tool Kit”. The Agreement does not cover apprentices. The Employer submits the words “and Apprentice” were included in error and should be deleted. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

Section 190 Undertakings

[9] The employer provided written undertakings on 12 October 2021. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

[10] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Approval

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2021. The nominal expiry date of the Agreement is 15 October 2024.

COMMISSIONER

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 1   [2019] FWCFB 318.