Horn Graders Pty Ltd T/A Horn Graders
[2025] FWCA 152
•15 JANUARY 2025
| [2025] FWCA 152 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Horn Graders Pty Ltd T/A Horn Graders
(AG2024/5092)
HORN GRADERS PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 15 JANUARY 2025 |
Application for approval of the Horn Graders Pty Ltd Enterprise Agreement 2024
Horn Graders Pty Ltd has applied for approval of an enterprise agreement known as Horn Graders Pty Ltd Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement. If approved the Agreement will replace the Horn Graders Pty Ltd Enterprise Agreement 2020.
The Notice of Employee Representational Rights (“NERR”), filed with the application to approve the Agreement, refers to the proposed agreement as Horn Graders Ltd Enterprise Agreement 2024. This differs very slightly from the agreement name in the application, in that “Pty” is omitted. The covering email for the NERR correctly referred to “Horn Graders Pty Ltd Enterprise Agreement 2024.” Given the size of the business and its obviously for-profit nature, it is unlikely that the omission of “Pty” would have been taken as anything other than a minor procedural or technical error had it been noticed by anyone reading the NERR. Accordingly, I find that this is a minor procedural or technical error, and I am satisfied that the employees were not likely to have been disadvantaged by it. Accordingly, I disregard it in reliance on s.188(5) of the Act.
After having regard to the application, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met. Noting cl 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail if there is any inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.
DEPUTY PRESIDENT
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