Eptec Pty Ltd T/A Defence Solutions

[2024] FWCA 2455

[2024] FWCA 2455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Eptec Pty Ltd T/A Defence Solutions

(AG2024/2162)

DEFENCE SOLUTIONS WEST ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 JULY 2024

Application for approval of the Defence Solutions West Enterprise Agreement 2023

1. Eptec Pty Ltd T/A Defence Solutions (the Applicant) has made an application for the approval of an enterprise agreement known as the Defence Solutions West Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The copy of the notice of employee representational rights (NERR) lodged by the Applicant with its application for the approval of the Agreement was the NERR prescribed by Schedule 2.1 of the regulations immediately before the 6 June 2023 reforms (old NERR). The correct NERR for this Agreement was the one prescribed by Schedule 2.1 of the regulations that took effect from 6 June 2023. The Applicant mistakenly used the old NERR, but had made no other changes to it, other than the text required by it including the employer’s name and the name of the enterprise agreement. I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s 174(1A) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s 188(5) of the Act.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Construction, Forestry and Maritime Employees Union (the organisation), 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 organisation is covered by the Agreement.

1. The Agreement was approved on 3 July 2024 and, in accordance with s 54, will operate from 10 July 2024.  The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

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Annexure A