GCQ Electrical Pty Ltd
[2022] FWCA 4400
•14 DECEMBER 2022
| [2022] FWCA 4400 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GCQ Electrical Pty Ltd
(AG2022/5113)
GCQ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 14 DECEMBER 2022 |
Application for approval of the GCQ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023
GCQ Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the GCQ Electrical Pty Ltd 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.
While the application is generally in order, the copy of the notice of employee representational rights (NERR) that was given to employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are 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.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.
The Agreement was approved on 14 December 2022 and, in accordance with s 54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 31 July 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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