Kenneth Andrew Smith T/A A W Edwards Pty Ltd
[2022] FWCA 2046
•22 JUNE 2022
| [2022] FWCA 2046 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kenneth Andrew Smith T/A A W Edwards Pty Ltd
(AG2022/1692)
A W Edwards Pty Ltd Construction Plumbers Enterprise Agreement 2022 – 2026
| Plumbing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 22 JUNE 2022 |
Application for approval of the A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2022 – 2026
An application has been made for approval of an enterprise agreement known as the A W Edwards Pty Ltd Maintenance Plumbers Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Kenneth Andrew Smith T/A A W Edwards Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Employees were notified of the time, place and method of vote via notice on 9 May 2022. On 16 May 2022, employees were sent a reminder email. This email provides supplementary information regarding the vote such that it would appear that employees were notified of the exact time of the vote on 16 May 2022. Further, the NERR omits sufficient detail as to the employees the Agreement is proposed to cover. This raises an issue as to whether relevant employees were aware of their right to be represented in accordance with s 173(3) of the Act, if the NERR was provided to them. However, having regard to the material before the Commission I am satisfied that:
(a) the errors identified at [2] constitute minor procedural or technical errors for the purposes of s 188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the errors.[1]
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, and the material before the Commission, 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.
Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 June 2022. The nominal expiry date of the Agreement is 22 June 2026.
DEPUTY PRESIDENT
Annexure A
[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318
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