IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics

[2019] FWCA 5454

[2019] FWCA 5454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics
(AG2019/2082)

IAC ACOUSTICS (AUSTRALIA) PTY LTD SITE LABOUR ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

Application for approval of the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics. 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The employer did not notify relevant employees of the time and place at which the vote occurred by the start of the access period. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the agreement were 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.

[5] 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.

[6] The Agreement was approved on 6 August 2019 and, in accordance with s.54, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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Annexure A