Hi Rise Access Pty Ltd

[2020] FWCA 6146

[2020] FWCA 6146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hi Rise Access Pty Ltd
(AG2020/3242)

HI RISE ACCESS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the Hi Rise Access Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hi Rise Access Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Applicant did not comply with section 180(3) of the Act. However, in the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a. this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

2. the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 16 November 2020 and, in accordance with s.54, will operate from 23 November 2020. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Annexure A:

 1   [2019] FWCFB 318.

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