Australian National Maritime Museum
[2024] FWCA 1632
•3 MAY 2024
| [2024] FWCA 1632 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian National Maritime Museum
(AG2024/1236)
AUSTRALIAN NATIONAL MARITIME MUSEUM (ANMM) ENTERPRISE AGREEMENT 2024-2027
| Maritime industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 3 MAY 2024 |
Application for approval of the Australian National Maritime Museum (ANMM) Enterprise Agreement 2024 to 2027.
An application has been made for approval of an enterprise agreement known as the Australian National Maritime Museum (ANMM) Enterprise Agreement 2024 to 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian National Maritime Museum. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 1 March 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 29 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The Employer has provided written undertakings. 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.
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.
The notice of employee representational rights provided to employees (NERR) contained the title of the previous Agreement. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) of the Act as it was prior to 6 June 2023. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Applicant has raised that the Agreement contains several referencing errors, which are detailed in Annexure B to the decision. The Applicant submits that the correction of these referencing errors will not result in any changes to the terms of the Agreement. The Applicant has sought that the Commission exercise its discretion pursuant to s.218A of the Act to amend obvious errors, defects or irregularities. Having considered the Applicant’s submissions, I am satisfied that the errors referred to in Annexure B are obvious errors, defects or irregularities and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
The Community and Public Sector Union 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
Annexure A
Annexure B
[1] [2019] FWCFB 318.
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