Globetech Pty Ltd
[2022] FWCA 1011
•22 MARCH 2022
| [2022] FWCA 1011 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Globetech Pty Ltd
(AG2021/6908)
GLOBETECH GROUP WOLLONGONG REGION ENTERPRISE AGREEMENT 2021-2024
| Electrical contracting industry | |
| Commissioner Matheson | SYDNEY, 22 MARCH 2022 |
Application for approval of the Globetech Group Wollongong Region Enterprise Agreement 2021-2024.
An application has been made for approval of an enterprise agreement known as the Globetech Group Wollongong Region Enterprise Agreement 2021-2024 (Agreement). The application was made by Globetech Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement covering two single interest employers being Globetech Pty Ltd and Globetech Construction Pty Ltd.
A copy of an enterprise agreement was filed with the application and clause 6 of that agreement included a nominal expiry date of 30 June 2021. I raised this concern with the parties and the Applicant indicated that the nominal expiry date was 30 June 2024. At the hearing on 8 March 2022, I asked the Applicant how the employees who voted on the Agreement knew that the Agreement was to expire on 30 June 2024 when there was an error in the Agreement. The Applicant clarified that it had lodged an incorrect version of the Agreement with the Commission and that the version of the Agreement that had been voted upon and given to employees on 21 January 2022 included the correct nominal expiry date of 30 June 2024. The Applicant subsequently filed the copy of the Agreement that had been voted upon by employees. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, sought instructions and confirmed that its members had a copy of the Agreement which included an expiry date for 2024 prior to voting. It is the second version of the Agreement that I have considered in deciding whether or not to approve the Agreement.
The Notice of Employee Representational Rights (NERR) issued to employees included an agreement name that was different to the actual name of the Agreement and described the proposed coverage of the Agreement as “employees that are engaged in any of the occupations, industries or callings specified in the Electrical, Electronic and Communications Contracting Award 2021, when they perform construction work anywhere in NSW”. Clause 5(a) of the Agreement provides that it only covers employees when they perform construction work in Wollongong. I raised a concern about the differences between the NERR and Agreement at a hearing on 8 March 2022 and sought clarification as to whether those employees who voted on the Agreement were those employees who will be covered by the Agreement and were eligible to vote on the Agreement. There are nine people covered by the Agreement. The Applicant confirmed that the only people who voted on the Agreement were those who fell within its coverage. Having heard from the Applicant, I am satisfied that the errors in the NERR did not impact genuine agreement and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
The response to question 25 of the Form F17 indicated that the date voting commenced was 21 January 2022. At the hearing on 8 March 2022, the Applicant indicated that this was when employees were asked to vote and were provided with a copy of the final Agreement to be voted on and not the actual date of the vote. The Applicant confirmed that the vote occurred on 28 January 2022 and this is consistent with the Applicant’s responses in the Form 17 regarding the date on which the Agreement was made.
Clauses 3 and 5(a) of the Agreement refer to the ‘Electrical, Electronic and Communications and Contracting Award 2021’. This is an error and should read ‘Electrical, Electronic and Communications and Contracting Award 2020’. I make the amendment pursuant to s.586 of the Act.
Clause 24 of the Agreement refers to ‘Fair Work Australia’. This is an error and should read ‘Fair Work Commission’. I make the amendment pursuant to s.586 of the Act.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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