Community Radio Federation Ltd T/A Community Radio Federation Ltd
[2022] FWCA 1850
•7 JUNE 2022
| [2022] FWCA 1850 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Community Radio Federation Ltd T/A Community Radio Federation Ltd
(AG2022/1570)
The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024
| Broadcasting and recorded entertainment industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 7 JUNE 2022 |
Application for approval of The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024
An application has been made for approval of an enterprise agreement known as The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Community Radio Federation Ltd T/A Community Radio Federation Ltd (Employer). The Agreement is a single enterprise agreement.
On the material before the Commission, employees were not notified of revised voting details by the start of the access period for the Agreement, contrary to s 180(3) of the Act. The issue arises because the vote was delayed by two days. In the circumstances, I am satisfied that:
(a) this constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.[1]
Accordingly, I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act.
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, 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 Media, Entertainment and Arts Alliance, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 June 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Annexure A
[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318
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