Cummins South Pacific Pty Ltd T/A Cummins South Pacific

[2021] FWCA 1577

[2021] FWCA 1577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2021/4182)

CUMMINS SOUTH PACIFIC PTY LTD (SCORESBY OPERATIONS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2021

Application for variation of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019 (the Agreement). The application was made by Cummins South Pacific Pty Ltd T/A Cummins South Pacific pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] Question 20 of the Form F17 indicates that on 24 February 2021 employees were provided with details of the vote, with the vote taking place on 3 March 2021. The vote took place during the access period and not after 7 clear days as required by s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical 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.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 24 March 2021.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

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