Bonner Group Pty Ltd T/A Tactile Innovations

[2019] FWCA 5470

[2019] FWCA 5470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonner Group Pty Ltd T/A Tactile Innovations
(AG2019/172)

BONNER GROUP PTY LTD. ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 AUGUST 2019

Application for approval of the Bonner Group Pty Ltd. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bonner Group Pty Ltd. Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bonner Group Pty Ltd T/A Tactile Innovations (Employer). The Agreement is a single enterprise agreement.

[2] I raised preliminary concerns with the Employer regarding compliance with ss.180(2), 180(3) and 181(2) of the Act. These concerned when relevant employees were given a copy of the Agreement, notified of the time and place at which the vote would occur, advised of voting method that would be used, and requested to vote to approve the Agreement. Having regard to the written submissions provided by the Employer, together with the oral submissions advanced at a telephone Mention conducted on 23 July 2019, including submissions from the individual employee bargaining representative, I am satisfied, that these matters constitute minor procedural or technical errors for the purposes of s.188(2)(a) of the Act. Further, I am satisfied that the two employees covered by the Agreement were not likely to have been disadvantaged by these errors.   As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act. 1

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings, 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.

[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 8 August 2023.

DEPUTY PRESIDENT

Annexure A

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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