Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment

[2020] FWCA 3846

[2020] FWCA 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kincrome Australia Pty Ltd T/A Kincrome Tools & Equipment
(AG2020/1822)

THE KINCROME AUSTRALIA DISTRIBUTION CENTRE AGREEMENT, 2020

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 JULY 2020

Application for approval of The Kincrome Australia Distribution Centre Agreement, 2020.

[1] Kincrome Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as The Kincrome Australia Distribution Centre Agreement, 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Some employees were not notified of the place and method of the vote 7 clear days before the vote as required by section 180(3) of the Act. The Employer provided submissions as to the error on 21 July 2020. I am satisfied having regard to 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 the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] 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).

[4] 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, and 188 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 22 July 2020. Despite clause 4 of the Agreement, and in accordance with s 54 of the Act, the Agreement will operate from 29 July 2020. The nominal expiry date of the Agreement 1 July 2021.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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