Joy Global Australia Pty Ltd
[2019] FWCA 4060
•12 JUNE 2019
| [2019] FWCA 4060 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Joy Global Australia Pty Ltd
(AG2019/1854)
JOY GLOBAL AUSTRALIA PTY LTD ADC ENTERPRISE AGREEMENT 2019
Manufacturing and associated industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 12 JUNE 2019 |
Application for approval of the Joy Global Australia Pty Ltd ADC Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Joy Global Australia Pty Ltd ADC Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joy Global Australia Pty Ltd. The Agreement is a single enterprise agreement.
[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form, as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” with the relevant telephone number. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or Fair Work Commission. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, 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.
[3] 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 31 May 2022.
DEPUTY PRESIDENT
1 [2019] FWCFB 318
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