Greencorp Pty Ltd

[2019] FWCA 6722

[2019] FWCA 6722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greencorp Pty Ltd
(AG2019/3079)

GREENCORP PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Greencorp Pty Ltd Enterprise Agreement 2019

[1] Greencorp Pty Ltd has made an application for approval of an enterprise agreement known as the Greencorp Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not issued in the prescribed form, being on company letter head and in the form of a memorandum to staff. 1 However, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were 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.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The National Union of Workers, 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 30 September 2019 and, in accordance with s 54, will operate from 7 October 2019. The nominal expiry date of the Agreement is 4 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505492 PR712848>

Annexure A

 1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

 2   [2019] FWCFB 318