Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd

[2022] FWCA 2906

[2022] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd

(AG2022/3366)

Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2022

Application for approval of the GASCO PTY LTD & AMWU ENTERPRISE WORKSHOP AGREEMENT 2022

1. An application has been made for approval of an enterprise agreement known as the GASCO PTY LTD & AMWU ENTERPRISE WORKSHOP AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. The Notice of Employee Representational Rights lodged with the Commissioner was not in its prescribed form as per s.174(1A) of the Act. I am satisfied this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) and that the employees covered by the Agreement are not likely to be disadvantaged by the error.

1. 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) I note that the Agreement covers the organisation.

2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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