Jeld-Wen Australia Pty Ltd T/A JELD-WEN Australia QLD
[2019] FWCA 6065
•30 AUGUST 2019
| [2019] FWCA 6065 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Jeld-Wen Australia Pty Ltd T/A JELD-WEN Australia QLD
(AG2019/2758)
JELD-WEN AUSTRALIA QLD ENTERPRISE AGREEMENT
Building, metal and civil construction industries | |
COMMISSIONER SPENCER | BRISBANE, 30 AUGUST 2019 |
Application for approval of the JELD-WEN Australia QLD Enterprise Agreement.
[1] An application has been made for approval of an enterprise agreement known as the JELD-WEN Australia QLD Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeld-Wen Australian Pty Ltd T/A JELD-WEN Australia QLD (the Applicant). The Agreement is a single enterprise agreement.
[2] I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that the Notice of Employee Representation Rights (NERR) was not provided to employees in form prescribed by the Regulations. Rather it was provided on a previously prescribed NERR form. I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of this error. 1
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is midnight on 31 March 2023.
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1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
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