Contract Resources Pty Ltd
[2022] FWCA 1299
•13 APRIL 2022
| [2022] FWCA 1299 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Contract Resources Pty Ltd
(AG2022/896)
Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021.
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 13 APRIL 2022 |
Application for approval of the Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Contract Resources Pty Ltd Mobil Altona Site Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Contract Resources Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The employer did not take all reasonable steps to ensure that employees were provided with or had access to a copy of the incorporated Awards during the access period as required by s.180(2) of the Act. Nevertheless, in the circumstances and having regard to the employer’s submissions and the opportunities for other parties to make submissions upon them, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, 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.
The Australian Workers’ Union 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 was approved on 13 April 2022 and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 13 April 2025.
DEPUTY PRESIDENT
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