Breezewater Pty Ltd
[2023] FWCA 1064
•14 APRIL 2023
| [2023] FWCA 1064 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Breezewater Pty Ltd
(AG2023/815)
BREEZEWATER PTY LTD ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 14 APRIL 2023 |
Application for approval of the Breezewater Pty Ltd Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Breezewater Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breezewater Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
I note that clause 19.2(a) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The employer did not provide employees with a copy of the incorporated Award or provide employees with access to it by the start of access period as required by s.180(2) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2023. The nominal expiry date of the Agreement is 22 March 2027.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE519724 PR761047>
0
0
0