GH Varley Pty Ltd
[2023] FWCA 1423
•18 MAY 2023
| [2023] FWCA 1423 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GH Varley Pty Ltd
(AG2023/1196)
GH VARLEY PTY LTD CARRINGTON (NSW) ENTERPRISE AGREEMENT
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 18 MAY 2023 |
Application for approval of the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
In addition to applying for approval of the Agreement, the Applicant has applied for the Agreement to be varied to correct an obvious error in the nominal expiry date stated in clause 3 of the Agreement. On 11 May 2023, the Applicant filed an amended version of the Agreement correcting the error in clause 3. The bargaining representatives were given an opportunity to be heard on the proposed variation to clause 3 of the Agreement. No such submissions were received.
Having regard to all the circumstances, I am satisfied that there is an obvious error in the nominal expiry date stated in clause 3 of the Agreement (March 2025) and that it is appropriate to correct the obvious error in the way sought by the Applicant (March 2026) pursuant to section 218A of the Act.
I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 May 2023. The nominal expiry date of the Agreement is 31 March 2026. The correction of the obvious error to the nominal expiry date in clause 3 of the Agreement will operate from 25 May 2023.
DEPUTY PRESIDENT
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