Flex Holdings Pty Ltd T/A Dash Civil Contracting
[2022] FWCA 4114
•23 NOVEMBER 2022
| [2022] FWCA 4114 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Flex Holdings Pty Ltd T/A Dash Civil Contracting
(AG2022/4234)
FLEX HOLDINGS PTY LTD T/A DASH CIVIL CONTRACTING ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 23 NOVEMBER 2022 |
Application for approval of the Flex Holdings Pty Ltd T/A Dash Civil Contracting Enterprise Agreement 2018
Flex Holdings Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Flex Holdings Pty Ltd T/A Dash Civil Contracting Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Pre-approval Statutory Timeframes
There were only five clear days from the date on which employees were notified of the time, place and method of voting and the commencement of the vote. Section 180(3) of the Act requires at least seven clear days. The Employer provided submissions that this constituted a minor procedural error and that the employees covered by the agreement were not likely to have been disadvantaged by this error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and 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.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 November 2022. The nominal expiry date of the Agreement is 23 November 2026.
COMMISSIONER
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE518285 PR748226>
0
0
0