Bapcor Limited T/A Automotive Brands Group Pty Ltd

[2021] FWCA 1090

[2021] FWCA 1090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bapcor Limited T/A Automotive Brands Group Pty Ltd
(AG2021/363)

NUNAWADING WAREHOUSE AUTOMOTIVE BRANDS GROUP AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2021

Application for variation of the Nunawading Warehouse Automotive Brands Group Agreement 2018.

[1] An application has been made for approval of a variation to the Nunawading Warehouse Automotive Brands Group Agreement 2018 (the Agreement). The application was made by Bapcor Limited T/A Automotive Brands Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Nunawading Warehouse Automotive Brands Group 2018 with the following:

Bapcor Warehouse Agreement 2018

[3] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[4] Question 2.2 on the Form F23A indicates that on 4 February 2021 Employees were provided with details of vote, with the vote taking place on the 12 February 2021. Material lodged in support indicated that employees absent on 12 February could arrange an alternate day to vote. The vote for these employees took place during the access period and not after 7 clear days as required by s.180(3) of the Act, as modified by s.211(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, these constitute minor procedural or technical errors for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the errors.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 2 March 2021.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318