Grizzly Engineering Pty Ltd

[2019] FWCA 805

[2019] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grizzly Engineering Pty Ltd
(AG2018/5289)

GRIZZLY ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2018 (V2)

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Grizzly Engineering Pty Ltd Enterprise Agreement 2018 (V2)

[1] An application has been made for approval of an enterprise agreement known as the Grizzly Engineering Pty Ltd Enterprise Agreement 2018 (V2) (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Grizzly Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The employer did not request employees to approve the agreement at least 21 after the day on which the last notice of employee representational rights was given to relevant employees, as required by s181(2) of the Act. Rather, the approval request came 20 days after the last notice was given. However, I am satisfied that in 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, 1this constitutes a minor procedural or 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] 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 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 8 February 2019 and, in accordance with s 54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 11 February 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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