Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors

[2022] FWCA 1789

[2022] FWCA 1789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors

(AG2022/1449)

Canterbury Windows And Doors Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 1 JUNE 2022

Application for approval of the Canterbury Windows And Doors Enterprise Agreement 2022

1. Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors (the Employer) has made an application for approval of an enterprise agreement known as the Canterbury Windows And Doors Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) was not provided to employees in its prescribed form and contained additional content contrary to section 174(1A) of the Act. Further, the notification of vote was not provided to employees seven clear days before voting as required by section 180(3) of the Act. The Employer provided submissions as to these errors on 25 May 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that these constitute minor technical or procedural errors for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by these errors.

1. Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

1. The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 1 June 2022 and, in accordance with s 54, will operate from 8 June 2022. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

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