Kordia Pty Ltd
[2022] FWCA 3895
•8 NOVEMBER 2022
| [2022] FWCA 3895 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kordia Pty Ltd
(AG2022/4395)
Kordia Maritime Enterprise Agreement 2021
| Telecommunications services | |
| COMMISSIONER MCKINNON | SYDNEY, 8 NOVEMBER 2022 |
Application for approval of the Kordia Maritime Enterprise Agreement 2021
Kordia Pty Ltd has applied for approval of a single enterprise agreement known as the Kordia Maritime Enterprise Agreement 2021 (the Agreement).
The requirement to provide employees with notice of the time, place and voting method for approval of the Agreement has not been met. This is because there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. The Applicant has explained the error and the circumstances in which it occurred. Having regard to that explanation, as well as the number of employees who participated in the vote for the Agreement, I am satisfied in the circumstances that the error was a minor procedural error that is not likely to have disadvantaged any employee. The voting outcome would not have been affected by the error.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 June 2024.
The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).
COMMISSIONER
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