Kazac Civil Pty Ltd
[2023] FWCA 1641
•7 JUNE 2023
| [2023] FWCA 1641 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Kazac Civil Pty Ltd
(AG2023/920)
KAZAC CIVIL PTY LTD ENTERPRISE AGREEMENT 2017 - 2020
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 7 JUNE 2023 |
Application for variation of the Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020
An application has been made for approval of a variation to the Kazac Civil Pty Ltd Enterprise Agreement 2017 - 2020 (the Agreement). The application was made by Kazac Civil Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.
The Form F23A and supporting material provided indicate that Employees were notified of the time, place and method of vote on the date that voting commenced, rather than 7 days prior to the commencement of voting as required by s. 180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 9 November 2017. Those undertakings form part of the Agreement as varied.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 7 June 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE426028 PR762849>
0
0
0