Brightstar Australia Pty Limited

[2019] FWCA 5384

[2019] FWCA 5384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightstar Australia Pty Limited
(AG2019/2002)

BRIGHTSTAR LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BISSETT	MELBOURNE, 21 AUGUST 2019

Application for approval of the Brightstar Logistics Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brightstar Logistics Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brightstar Australia Pty Limited. 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.

[3] I note that Notice of Employee Representational Rights (NERR) sent to employees contains non-prescribed content. This is content that is not prescribed by the Fair Work Regulations 2009 and therefore contravenes s.174(1A) of the Act. However, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[4] The National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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