Employment Advocacy Solutions Pty Ltd T/A Employer Protect

[2019] FWCA 6427

[2019] FWCA 6427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Employment Advocacy Solutions Pty Ltd T/A Employer Protect
(AG2019/174)

SANCTUARY COVE COMMUNITY SERVICES LIMITED & SANCTUARY COVE SECURITY SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Sanctuary Cove Community Services Limited & Sanctuary Cove Services Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sanctuary Cove Community Services Limited & Sanctuary Cove Services Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Employment Advocacy Solutions Pty Ltd T/A Employer Protect. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] The Employer’s Form F17 had declared that the notification time of the Agreement was 6 August 2018 and that the Notice of Employee Representational Rights (Notice) was issued to employees on 13 September 2018. However, upon questioning from the Commission, the Applicant submitted evidence that the Notice was issued to employees as early as 1 August 2018 and that the last Notice was issued no later than 17 August 2018. The Applicant submitted that this error can be dealt with in accordance with s.188(2) of the Act on the basis that, but for the minor procedural error with the dates provided for the notification time and the issuing of the Notice, the Agreement would have complied with the requirements under ss.173 and 174 of the Act; and the employees covered by the Agreement were not likely to have been disadvantaged by this minor error.

[5] Having regard to the Applicant’s written submissions, I am satisfied that this matter constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I considered that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 15 September 2023.

COMMISSIONER

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Annexure A