Karingal St Laurence Limited T/A GenU
[2024] FWCA 2675
•19 JULY 2024
| [2024] FWCA 2675 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Karingal St Laurence Limited T/A GenU
(AG2024/2290)
GENU EMPLOYMENT SERVICES ENTERPRISE AGREEMENT 2023 - 2026
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 19 JULY 2024 |
Application for approval of the genU Employment Services Enterprise Agreement 2023 - 2026
An application has been made for approval of an enterprise agreement known as the genU Employment Services Enterprise Agreement 2023 - 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Karingal St Laurence Limited T/A GenU (Employer). The Agreement is a single enterprise agreement.
The title of the Agreement in the Notice of Employee Representational Rights (NERR) issued by the Employer incorrectly omits the word “genU” in the title of the Agreement and refers to “Service” rather than “Services”. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 July 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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