EnerMech Pty Ltd

[2020] FWCA 6913

[2020] FWCA 6913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnerMech Pty Ltd
(AG2020/3691)

ENERMECH PTY LTD & ETU SYDNEY INFRASTRUCTURE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of the EnerMech Pty Ltd and ETU Sydney Infrastructure Enterprise Agreement 2020.

[1] EnerMech Pty Ltd has made an application for approval of an enterprise agreement known as the EnerMech Pty Ltd and ETU Sydney Infrastructure Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however it appears from the employer’s declaration that the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. 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 s188(2)(a). Further, 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.

[3] 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 and 188 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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