Collie & Districts Community Financial Services Ltd T/A Collie Community Bank Branch
[2022] FWCA 2736
•12 AUGUST 2022
| [2022] FWCA 2736 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Collie & Districts Community Financial Services Ltd T/A Collie Community Bank Branch
(AG2022/2477)
Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 12 AUGUST 2022 |
Application for approval of the Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022
An application has been made by Collie & Districts Community Financial Services Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022 (the Agreement).
The employer indicates that employees were emailed the notice of the vote on 29 June 2022 and the vote opened on 5 July 2022. As such, the employer did not notify the relevant employees of the voting details by the start of the access period in accordance with s.180(3) of the Act. The employer submits the oversight was a minor procedural error relying on s.188(2) of the Act, noting that all relevant employees were advised that there would be an upcoming vote in a meeting held on 22 June 2022 however, due to staff shortages, the email advice specifying the time and place at which the vote would occur and the voting method to be used was sent a day late.
In the circumstances and having regard to the submissions of the employer and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], I am satisfied that the error constitutes a minor procedural 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 employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the matters 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 19 August 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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