K&R Fabrications (W’gong) Pty Ltd

[2022] FWCA 3515

[2022] FWCA 3515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

K&R Fabrications (W’gong) Pty Ltd

(AG2022/3853)

K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 11 OCTOBER 2022

Application for approval of the K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Enterprise Agreement 2022.

1. K&R Fabrications (W’gong) Pty Ltd has applied for approval of a single enterprise agreement known as the K&R Fabrications (W’Gong) Pty Ltd (Port Kembla Steelworks) Maintenance Enterprise Agreement 2022 (the Agreement).

1. The requirement to provide employees with notice of the time, place and voting method for approval of the Agreement has not been met. This is because there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. The Applicant has explained the error and the circumstances in which it occurred. Having regard to that explanation, as well as the number of employees who participated in the vote for the Agreement, I am satisfied in the circumstances that the error was a minor procedural error that is not likely to have disadvantaged any employee. The voting outcome is unlikely to have been affected by the error.

1. A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The Agreement is approved and will operate from 18 October 2022. The nominal expiry date of the Agreement is 11 October 2025.

1. The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers’ Union (AWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517723  PR746671>

Annexure A