Encore Tissue (Aust) Pty Ltd
[2022] FWCA 4008
•16 NOVEMBER 2022
| [2022] FWCA 4008 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Encore Tissue (Aust) Pty Ltd
(AG2022/4596)
Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022
| Timber and paper products industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 16 NOVEMBER 2022 |
Application for approval of the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Encore Tissue (Aust) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Encore Tissue (Aust) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied 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.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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), I note that the Agreement covers the organisation. I am therefore satisfied that the requirements of ss.188 as are relevant to this application for approval have been met.
The Agreement was approved on 16 November 2022 and, in accordance with s.54, will operate from 23 November 2022. The nominal expiry date of the Agreement is 16 November 2026.
COMMISSIONER
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