Intravision Pty Ltd
[2023] FWCA 139
•16 JANUARY 2023
| [2023] FWCA 139 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Intravision Pty Ltd
(AG2022/5424)
INTRAVISION PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2022
| Miscellaneous | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 16 JANUARY 2023 |
Application for approval of the Intravision Pty Limited Single Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Intravision Pty Limited Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Intravision Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding the provision of relevant documentation to relevant employees during the access period and compliance with s.180(3) of the Act. Having regard to the submissions of the Employer provided on 16 January 2023, I find that the issue constitutes a minor procedural and/or technical error. I am satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error. I am equally satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[1]
Undertakings
The Employer has provided written undertakings dated 16 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 16 January 2027.
DEPUTY PRESIDENT
Annexure A
[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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