K&S Freighters T/A K&S Freighters
[2022] FWCA 2983
•29 AUGUST 2022
| [2022] FWCA 2983 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
K&S Freighters T/A K&S Freighters
(AG2022/3318)
Chemtrans Victoria Drivers Enterprise Agreement 2022
| Road transport industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 29 AUGUST 2022 |
Application for approval of the Chemtrans Victoria Drivers Enterprise Agreement 2022
K&S Freighters T/A K&S Freighters (the Employer) has made an application for approval of an enterprise agreement known as the Chemtrans Victoria Drivers Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Notice of Employee Representational Rights (NERR) provided to the employees contained a typographical error in the title of the Agreement. The Employer provided submissions as to this error on 22 August 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 29 August 2022 and, in accordance with s 54, will operate from 5 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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