Interflow Pty Ltd
[2022] FWCA 2634
•3 AUGUST 2022
| [2022] FWCA 2634 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Interflow Pty Ltd
(AG2022/2486)
Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 3 AUGUST 2022 |
Application for approval of the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026
Interflow Pty Ltd has made an application for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the copy of the Notice of Employee Representational Rights (NERR) that was given to employees contained an error indicating that the proposed agreement would apply in Queensland rather than Western Australia. However the title of the proposed agreement referred to Western Australia, and the NERR was given to employees in that state. In all 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] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are 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 employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The Agreement was approved on 3 August 2022 and, in accordance with s 54, will operate from 10 August 2022. The nominal expiry date of the Agreement is 3 August 2026.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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