Eletech Pty Ltd

[2019] FWCA 3490

[2019] FWCA 3490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eletech Pty Ltd
(AG2019/1072)

ELETECH PTY LTD ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 MAY 2019

Application for approval of the Eletech Pty Ltd Enterprise Agreement 2019-2022.

[1] Eletech Pty Ltd has applied for approval of an enterprise agreement known as the Eletech Pty Ltd Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] I note that the relevant employees were notified of the time, place and method of voting, but that this occurred on the first day of the access period and not by the start of its commencement, pursuant to s.180(3). 1 All but one of the eligible employees cast a vote and, of those that voted, only one employee declined to approve the Agreement.

[3] In the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 2, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] On the basis of the material contained in the application, accompanying statutory declaration and the further information provided on request of the Commission, 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.

[6] The Agreement was approved on 23 May 2019 and, in accordance with s.54, will operate from 30 May 2019. The nominal expiry date of the Agreement is 28 February 2022.

[7] Finally it is noted that, for the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 3

DEPUTY PRESIDENT

 1   See also CFMMEU and Ors v CBI Constructors Pty Ltd [2018] FWCFB 2732 at [42].

 2   [2019] FWCFB 318 – see in particular [76]-[81].

 3   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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