D R May Inspections Pty Ltd

[2024] FWCA 3010

[2024] FWCA 3010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D R May Inspections Pty Ltd

(AG2024/2856)

D R MAY PTY LTD UNION COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 AUGUST 2024

Application for approval of the D R May Pty Ltd Union Collective Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the D R May Pty Ltd Union Collective Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by D R May Inspections Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. The application was required to be filed within 14 days after it was made on 9 July 2024 in accordance with s 185(3) of the Act. As it was not filed until 29 July 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

1. The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. Additionally, the title of the Agreement in the NERR (DR May Pty Ltd Union Collective Agreement 2023-2026) is inconsistent with the title of the Agreement made (D R May Pty Ltd Union Collective Agreement 2023). These matters may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that these are a minor or technical errors and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 22 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A