Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd

[2023] FWCA 2505

[2023] FWCA 2505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd

(AG2023/2401)

AMWU & FREDERICKS FABRICATION PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building services
COMMISSIONER YILMAZ	MELBOURNE, 14 AUGUST 2023

Application for approval of the AMWU & Fredericks Fabrication Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & Fredericks Fabrication Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

1. I note that Applicant advised in question 21 of the Form F17A that the vote was rescheduled from 28 June 2023 to 4 July 2023. My chambers raised concerns around the notification of the vote as evidence was not provided to show employees were notified of this change.

1. On 2 August 2023, the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, provided submissions concerning this issue. They explained that employees were advised of the change of voting time via Facebook Messenger on 30 June 2023 following concerns the method of ‘voting would not meet the Statement of Principles on Genuine Agreement, at paragraph [15(a)], as it would disclose votes to the employer.’[1] Having reviewed the  submissions and evidence I am satisfied that all relevant employees eligible to vote, which were also members of the AMWU were given information about the time and place of the change to vote. I am therefore satisfied that reasonable steps were taken to notify the employees of the vote in accordance with s.180(3) of the Act.

1. The AMWU, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 21 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] Email from AMWU dated 2 August 2023.

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