Gates Australia Pty Ltd

[2020] FWCA 2432

[2020] FWCA 2432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gates Australia Pty Ltd
(AG2020/937)

GATES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 8 MAY 2020

Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2019.

[1] Gates Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2019. The application is supported by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.

[2] Notice of the time, place and method of a vote to approve the Agreement was given to employees on 6 March 2020. The access period commenced on 10 March 2020 and voting to approve the Agreement commenced on 18 March 2020, two days earlier than the time specified in the notice of 6 March 2020. Voting concluded on 20 March 2020 when the Agreement was approved. The fact that employees were able to vote prior to the notified time gives rise to a question about whether the Agreement was genuinely agreed.

[3] Having heard from the parties, I am satisfied that each employee had at least seven clear days’ notice of the vote. All twelve employees covered by the Agreement voted by secret ballot and voted in favour of the Agreement. In the circumstances, I am satisfied that the error was a minor procedural error that was not likely to disadvantage any employees. Absent the error, the outcome of the vote would have been the same. I am satisfied that the Agreement was genuinely agreed.

[4] I am also satisfied that each of the other requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. While, the Form F18 filed in support of the application was not witnessed by an authorised person, I consider it appropriate to waive the irregularity under section 586 of the Act in the circumstances.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

[6] The Australian Manufacturing Workers’ Union is covered by the Agreement.

COMMISSIONER

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