Birdon Pty Ltd
[2022] FWCA 662
•24 FEBRUARY 2022
| [2022] FWCA 662 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Birdon Pty Ltd
(AG2022/86)
Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2021
| Dredging industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 24 FEBRUARY 2022 |
Application for approval of the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2021
Birdon Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
A copy of the Dredging Industry Award 2020 was not provided to all employees. The Employer provided submissions as to this error on 23 February 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 24 February 2022 and, in accordance with s 54, will operate from 3 March 2022. The nominal expiry date of the Agreement is 1 October 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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