Bremick Pty Limited T/A Bremick Fasteners

[2020] FWCA 560

[2020] FWCA 560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bremick Pty Limited T/A Bremick Fasteners
(AG2020/146)

BREMICK PTY LTD ENTERPRISE AGREEMENT 2020-2022

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the Bremick Pty Ltd Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Bremick Pty Ltd Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bremick Pty Limited T/A Bremick Fasteners. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Some employees were provided with an access period of six clear days rather than seven clear days as required by the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 February 2020 and, in accordance with s.54, will operate from 11 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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