Ikon Cabinets Pty Ltd T/A Ikon Cabinets
[2023] FWCA 463
•16 FEBRUARY 2023
| [2023] FWCA 463 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ikon Cabinets Pty Ltd T/A Ikon Cabinets
(AG2023/216)
Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025
| Timber and paper products industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 16 FEBRUARY 2023 |
Application for approval of the Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025
An application has been made for approval of an enterprise agreement known as the Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ikon Cabinets Pty Ltd T/A Ikon Cabinets. The Agreement is a single enterprise agreement.
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.
It appears that employees were not provided of details of the time, place and method of vote by the start of the access period. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration 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.
The Agreement was approved on 16 February 2023 and, in accordance with s.54, will operate from 23 February 2023. The nominal expiry date of the Agreement is 16 February 2026.
COMMISSIONER
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