GVP Fabricators Pty Ltd

[2020] FWCA 6624

[2020] FWCA 6624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GVP Fabricators Pty Ltd
(AG2020/3566)

AMWU & GVP FABRICATORS PTY LTD METAL ENGINEERING ON SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2020

Application for approval of the AMWU & GVP Fabricators Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023

[1] GVP Fabricators Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & GVP Fabricators Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009(Cth) (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the NERR contained inapplicable paragraphs of the template document. 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, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Manufacturing Workers’ Union, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

<AE509755  PR725285>