K&S Freighters Pty Ltd
[2023] FWCA 487
•16 FEBRUARY 2023
| [2023] FWCA 487 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters Pty Ltd
(AG2023/170)
K&S Energy Mackay Drivers Agreement 2023
| Road transport industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 16 FEBRUARY 2023 |
Application for approval of the K&S Energy Mackay Drivers Agreement 2023
K&S Freighters Pty Ltd has made an application for approval of an enterprise agreement known as the K&S Energy Mackay Drivers Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are 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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Agreement was approved on 16 February 2023 and, in accordance with s 54, it will operate from 23 February 2023. The nominal expiry date is 31 December 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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