Edstein Creative Pty Limited
[2024] FWCA 3056
•20 AUGUST 2024
| [2024] FWCA 3056 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Edstein Creative Pty Limited
(AG2024/2912)
EDSTEIN CREATIVE PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2024
| Building services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 20 AUGUST 2024 |
Application for approval of the EDSTEIN CREATIVE Pty Ltd MANUFACTURING ENTERPRISE AGREEMENT 2024
Introduction
Edstein Creative Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the EDSTEIN CREATIVE Pty Ltd MANUFACTURING ENTERPRISE AGREEMENT 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 19 October 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Act, as amended on 6 June 2023 apply to the present application. Further, as the Agreement was made 15 August 2023, the better off overall test requirements in Part 2-4 of the Act as amended on 6 June 2023 apply.
Filing of amended Form F17B
The Employer filed a Form F17A in respect of the Agreement. As the notification time for the Agreement was after 6 June 2023, the correct form was the Form F17B. As a result, the initiating documents at lodgement did not address the post-amendment sections of Act that the Commission is to consider in determining whether to approve enterprise agreements (such as the Statement of Principles on Genuine Agreement).
Having reviewed the initiating and supporting documents, Chambers wrote to the parties to request the filing of an amended Form F17B to address these issues, as well as provide an opportunity to respond to other issues identified in the course of reviewing the application. On 16 August 2024, the employer filed an amended Form F17B including this information and I allowed for it to be filed pursuant to s.586(1) of the Act.
Notice of Employee Representational Rights (NERR)
The version of the NERR that was provided to employees on 15 August 2023 was the pre-reform version of the NERR. The Employer provided submissions that this matter constituted a minor technical error.
Having had regard to those submissions, I am satisfied that the matter of the provision of the incorrect version of the NERR was not likely to have disadvantaged employees, and accordingly disregard it as a minor technical or procedural error for the purposes of s.188(5)(a) of the Act.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings are not likely to 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.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 20 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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