Domaine Chandon Australia Pty Ltd
[2023] FWCA 212
•20 JANUARY 2023
| [2023] FWCA 212 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Domaine Chandon Australia Pty Ltd
(AG2022/5530)
PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2022
| Wine industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 20 JANUARY 2023 |
Application for approval of the Production Employees Enterprise Agreement 2022
Domaine Chandon Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Production Employees Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitute minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are 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.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Agreement was approved on 20 January 2022 and, in accordance with s 54, it will operate from 27 January 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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