Keyworth Pty Ltd
[2022] FWCA 2446
•21 JULY 2022
| [2022] FWCA 2446 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Keyworth Pty Ltd
(AG2022/2281)
Keyworth Pty Ltd Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 JULY 2022 |
Application for approval of the Keyworth Pty Ltd Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the Keyworth Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keyworth Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the NERR provided to relevant employees, and the title of the Agreement filed with the Commission.[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 19 July 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2022. The nominal expiry date of the Agreement is 30 September 2024.
DEPUTY PRESIDENT
Annexure A
[1] Noting the requirements of ss. 173 and 174 of the Act.
[2] See s.188(2) of the Act and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
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