Bernard Hart Nominees Pty Ltd T/A Bendigo Metals
[2022] FWCA 3371
•29 SEPTEMBER 2022
| [2022] FWCA 3371 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bernard Hart Nominees Pty Ltd T/A Bendigo Metals
(AG2022/3921)
Bendigo Metals Shop Floor Employees Enterprise Agreement 2022-2026
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 29 SEPTEMBER 2022 |
Application for approval of the Bendigo Metals Shop Floor Employees Enterprise Agreement 2022-2026
An application has been made by Bernard Hart Nominees Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Bendigo Metals Shop Floor Employees Enterprise Agreement 2022-2026 (the Agreement).
The employer indicates that employees were provided with details of the vote on 6 September 2022 and voting took place on 13 September. As such, the employer did not notify the relevant employees of the voting details by the start of the access period in accordance with s.180(3) of the Act. Nonetheless, all eligible employees voted on the Agreement.
Having regard to the circumstances and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], I am satisfied that the error constitutes a minor procedural error for the purpose of s.188(2)(a) and that the employees covered by the Agreement were not likely to be disadvantaged by the error.
Subject to the matter referred to above, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 29 September 2026.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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