Chelgrave Contracting Australia Pty Ltd
[2022] FWCA 1316
•13 APRIL 2022
| [2022] FWCA 1316 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chelgrave Contracting Australia Pty Ltd
(AG2022/883)
The Chelgrave Contracting Australia Pty Ltd Bluescope Steel Westernport Site Maintenance Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER WILSON | MELBOURNE, 13 APRIL 2022 |
Application for the approval of The Chelgrave Contracting Australia Pty Ltd Bluescope Steel Westernport Site Maintenance Agreement 2022
An application has been made for approval of an enterprise agreement known as the THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD BLUESCOPE STEEL WESTERNPORT SITE MAINTENANCE 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 Chelgrave Contracting Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Form F17 initially lodged failed to indicate when the start of the access period for employees was, or how employees were made aware, as well as failing to outline the steps the employer took to notify the relevant employees by the start of the access period of the time and place at which the vote was to occur, and the voting method to be used. It was also unclear from the materials initially lodged with the Commission if the employer gave a copy of the Award to employees or provided them with access to it. With regard to materials subsequently provided, I am satisfied this represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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Annexure A
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