Ecolab Pty Ltd
[2021] FWCA 3240
•4 JUNE 2021
| [2021] FWCA 3240 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ecolab Pty Ltd
(AG2021/5405)
ECOLAB PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019
Manufacturing and associated industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 4 JUNE 2021 |
Application for approval of the Ecolab Pty Ltd & United Workers Union Enterprise Agreement 2019.
[1] Ecolab Pty Ltd has made an application for approval of an enterprise agreement known as the Ecolab Pty Ltd & United Workers Union Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] While the application is generally in order, the Commission was advised that a copy of the notice of employee representational rights (NERR) was not provided to all employees within 14 days of notification time. However, in all the circumstances, and 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 constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and 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.
[3] 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.
[4] The United 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 4 June 2021 and, in accordance with s 54, will operate from 11 June 2021. The nominal expiry date of the Agreement is 30 November 2023.
DEPUTY PRESIDENT
1 [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE511735 PR730485>
0
1
0