DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDMA Agencies Pty Ltd
(AG2021/6592)

EDMA AGENCIES PTY LTD AMWU ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2021-2024.

[1] EDMA Agencies Pty Ltd has made an application for approval of an enterprise agreement known as the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2021-2024 (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 employees were not provided with the voting instructions seven clear days before the vote. 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] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Manufacturing Workers' Union (AMWU), 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 its declaration, I note that the Agreement covers the AMWU.

[7] The Agreement was approved on 2 September 2021 and, in accordance with s 54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this matter were EDMA Agencies Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute related to the approval of a proposed on-site construction collective agreement for New South Wales for the period 2021 to 2024. The matter was heard by the Fair Work Commission (FWC). The AMWU sought the FWC's approval of the proposed collective agreement, which would apply to employees of EDMA Agencies Pty Ltd engaged in on-site construction work in New South Wales.

The legal issues that the FWC had to address included whether the agreement contained terms that were contrary to public policy, whether it had been genuinely negotiated, and whether it met the requirements of the Fair Work Act 2009 (Cth). The FWC also needed to determine whether the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees.

The FWC found that the agreement did not contain any terms that were contrary to public policy and that it had been genuinely negotiated between the parties. The FWC also found that the agreement met the requirements of the Fair Work Act and provided for appropriate mechanisms for resolving disputes between the employer and employees. The FWC approved the proposed collective agreement, subject to minor amendments to bring it into compliance with the Fair Work Act. The minor amendments related to the provision of information to employees and the procedures for resolving disputes.

EDMA Agencies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established