Bam & Associates Pty Ltd as Trustee for BAM Trading Trust

[2019] FWCA 4387

[2019] FWCA 4387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bam & Associates Pty Ltd as Trustee for BAM Trading Trust
(AG2019/1902)

BAM TRADING TRUST ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2019

Application for approval of the BAM Trading Trust Enterprise Agreement 2018-2021

[1] Bam & Associates Pty Ltd as Trustee for BAM Trading Trust has made an application for approval of an enterprise agreement known as the BAM Trading Trust Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form. 1 The notice was provided on company letterhead and the reference to ‘speak to your employer’ in the final paragraph of the prescribed notice was replaced with a reference to the specific employer bargaining representative. However, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were 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.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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 wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 June 2019 and, in accordance with s 54, will operate from 2 July 2019. The nominal expiry date of the Agreement is 22 August 2021.

DEPUTY PRESIDENT

 1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

 2   [2019] FWCFB 318

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