Fredon (Qld) Pty Limited

[2020] FWCA 155

[2020] FWCA 155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon (Qld) Pty Limited
(AG2019/5124)

FREDON (QLD) PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JANUARY 2020

Application for approval of the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

[1] Fredon (Qld) Pty Limited has made an application for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that employees were not provided a copy of the NERR within 14 days of the notification time, as contemplated by s 173(3). Nevertheless, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, having regard to the content of statutory declaration 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] 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 and 188 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement was approved on 13 January 2020 and, in accordance with s 54, will operate from 20 January 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

<AE506733 PR715861>