Firmins Lane Engineering Pty Ltd

[2021] FWCA 4238

[2021] FWCA 4238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firmins Lane Engineering Pty Ltd
(AG2021/5905)

FIRMINS LANE ENGINEERING PTY. LTD MORWELL WORKPLACE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JULY 2021

Application for approval of the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2021-2024.

[1] Firmins Lane Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Firmins Lane Engineering Pty. Ltd MORWELL Workplace Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Notice of Employee Representational Rights provided to employees was not in the prescribed form. The Employer provided submissions as to this error on 9 July 2021 and 14 July 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph 2 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] The Agreement was approved on 19 July 2021 and, in accordance with s 54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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