Hakubaku Australia Pty Ltd
[2024] FWCA 543
•19 FEBRUARY 2024
| [2024] FWCA 543 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hakubaku Australia Pty Ltd
(AG2024/145)
HAKUBAKU AND AMWU UNION ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 19 FEBRUARY 2024 |
Application for approval of the Hakubaku and AMWU Union Enterprise Agreement 2023
Hakubaku Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Hakubaku and AMWU Union Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and 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 of the Act.
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.
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.
The Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the AMWU.
The Agreement was approved on 19 February 2024.
DEPUTY PRESIDENT
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