Australian Bakels (Pty) Ltd
[2022] FWCA 3084
•6 SEPTEMBER 2022
| [2022] FWCA 3084 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Bakels (Pty) Ltd
(AG2022/3583)
Australian Bakels (Pty) Ltd AND AWU Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 6 SEPTEMBER 2022 |
Application for approval of the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2022
Australian Bakels (Pty) Ltd has made an application for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2022 (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, not all employees received a copy of the Notice of Employee Representational Rights (NERR) within 14 days of notification time. 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 Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the AWU.
The Agreement was approved on 6 September 2022 and, in accordance with s 54, will operate from 13 September 2022. The nominal expiry date of the Agreement is 22 September 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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