HS Consultancy Pty Ltd T/A Reoform
[2022] FWCA 1750
•27 MAY 2022
| [2022] FWCA 1750 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
HS Consultancy Pty Ltd T/A Reoform
(AG2022/1406)
REOFORM ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 27 MAY 2022 |
Application for approval of the Reoform Pty Ltd Enterprise Agreement 2022
HS Consultancy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Reoform Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 586 Amendments
The Form F16 Application and Form F17 Declaration referred to the Employer’s trading name as “Reoform Pty Ltd”. The name of Agreement and various clauses throughout the Agreement referred to “Reoform Pty Ltd” or “HS Consultancy Pty Ltd t/a Reoform Pty Ltd”.
This is an error as the correct trading name is Reoform.
On 26 May 2022, the Employer filed an amended version of the Agreement pursuant to s.586 of the Act. I consider it appropriate in the circumstances to amend the Form F16 Application, the Form F17 Declaration and the Agreement and do so pursuant to s.586(a) of the Act.
Notice of Employee Representational Rights
The Notice of Employee Representational Rights also referred to the name of the Employer as “HS Consultancy Pty Ltd t/a Reoform Pty Ltd” and the name of the Agreement as the “Reoform Pty Ltd Enterprise Agreement 2022”.
However, I am satisfied in all of 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,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Sections 186, 187 and 188
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.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
[1] [2019] FWCFB 318.
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