BOON EDAM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

[2020] FWCA 246

[2020] FWCA 246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boon Edam Australia Pty Ltd
(AG2019/4568)

BOON EDAM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JANUARY 2020

Application for approval of the Boon Edam Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boon Edam Australia 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 Boon Edam Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer did not provide relevant employees a copy of the Building and Construction General On-site Award 2010 (Award), incorporated by reference in the Agreement, or ensure that they had access to a copy of it pursuant to s.180(2) of the Act. On the basis of the written submissions made by the Employer and having regard to the fact that the Award presently covers and applies to the relevant employees, I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

(b) employees covered by the Agreement were not likely to have been disadvantaged by the error. 1 I am therefore satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 29 January 2024.

DEPUTY PRESIDENT

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