Jim Roberts Locksmith Pty Ltd T/A Jim Roberts Locksmiths

[2019] FWCA 4318

[2019] FWCA 4318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jim Roberts Locksmith Pty Ltd T/A Jim Roberts Locksmiths
(AG2019/354)

JIM ROBERTS LOCKSMITH ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 20 JUNE 2019

Application for approval of the Jim Roberts Locksmith Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jim Roberts Locksmith Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jim Roberts Locksmith Pty Ltd. 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) contained a date in error. By the provision of further submissions by the Applicant on this matter, it was acknowledged that this date was included in the F17 by error and that the correct date that the Agreement was provided to employees was 20 December 2019. Further, signed confirmation of receipt of the Agreement by employees was also provided.

[3] I also note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that employees were notified of the details of the vote on 18 January 2019. Further submissions provided by the Applicant indicated that the date included on the F17 was in error. In fact, it was verified that the employees were provided details of the vote verbally at meetings held between 14 and 17 January 2019. In Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI Constructors Pty Ltd 1, the Full Bench confirmed that an employer must take all reasonable steps to notify relevant employees of the time, place and method of the vote at least seven clear days before the commencement of the vote, pursuant to s.180(3). On the corrected evidence of the Applicant, the details of the provisions of the documents and the vote were provided to the employees at least seven clear days before the vote. It has also been taken into account that 15 of 16 employees cast a valid vote. In regard to s.188(2) of the Act I 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.2

[4] In relation to the concerns that have been addressed by way of the undertakings, I am therefore 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.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

COMMISSIONER

 1   [2018] FWCFB 2732.

 2   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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