Big River Group Pty Ltd
[2022] FWCA 1189
•4 APRIL 2022
| [2022] FWCA 1189 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Big River Group Pty Ltd
(AG2022/715)
Big River Group - Grafton and CFMMEU Enterprise Bargaining Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 4 APRIL 2022 |
Application for the approval of the Big River Group - Grafton and CFMMEU Enterprise Bargaining Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the Big River Group - Grafton and CFMMEU Enterprise Bargaining Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Big River Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding a discrepancy between the year (“2017”) in the Agreement title of the NERR provided to the
employees, and the year in the title of the Agreement (“2021”) lodged with the Commission.
Having regard to the submissions of the Employer dated 1 April 2022, I find that this
issue constitutes a minor procedural and/or technical error.[1] I am satisfied that the Agreement
was genuinely agreed to by relevant employees notwithstanding this issue. I am also satisfied
that the employees covered by the Agreement were not likely to have been disadvantaged by
the error.[2]
Undertakings
The Employer has provided written undertakings dated 1 April 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2010 and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Annexure A
[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid
Cellular Plastics & Others[2019] FWCFB 318.
[2] Noting the requirements in ss.173 and 174 of the Act.
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