Everhard Industries Pty Ltd

[2019] FWCA 3766

[2019] FWCA 3766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everhard Industries Pty Ltd
(AG2019/461)

EVERHARD INDUSTRIES PTY LTD ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2019

Application for approval of the Everhard Industries Pty Ltd Enterprise Agreement

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

[2] The employer provided employees with details of the date of the vote by the start of the access period (seven clear days before the vote), however details of the method and place of the vote were not formally provided to employees until six clear days before the vote. However, I note that the employer’s statutory declaration stated that 60 of the 70 employees to be covered by the Agreement cast a valid vote, with all votes cast in favour of approving the Agreement. 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, 1I 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] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 31 May 2019 and, in accordance with s 54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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