Barlina Pty Ltd T/A Cagemaker
[2024] FWCA 990
•19 MARCH 2024
| [2024] FWCA 990 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Barlina Pty Ltd T/A Cagemaker
(AG2024/581)
CAGEMAKER ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 19 MARCH 2024 |
Application for approval of the Cagemaker Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Cagemaker Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barlina Pty Ltd T/A Cagemaker (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 March 2028.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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