KQ Employment Pty Ltd
[2022] FWCA 326
•3 FEBRUARY 2022
| [2022] FWCA 326 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
KQ Employment Pty Ltd
(AG2021/8820)
APPLICATION FOR APPROVAL OF THE DARRELL LEA CONFECTIONERY CO. ENTERPRISE AGREEMENT 2021-2024
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 3 FEBRUARY 2022 |
Application for approval of the Darrell Lea Confectionery Co. Enterprise Agreement 2021-2024
KQ Employment Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Darrell Lea Confectionery Co. Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Single Interest Employers
The Agreement is expressed to cover two employers, namely the Applicant and Darrell Lea Maintenance Pty Ltd. I am satisfied on the materials provided that the Applicant and Darrell Lea Maintenance Pty Ltd are single interest employers pursuant to s.172(5)(b) of the Act.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 180(3)(a) – Notice of time and place at which the vote will occur
The employees were advised of the date and place of the vote, but were not advised of the time. The Applicant provided submissions in response to this matter on 2 February 2022.
To the extent that the failure to provide the time of the vote is an error, I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that it constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Section 190 Undertakings
The employer 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
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Section 183
The Australian Manufacturing Workers Union (the AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 30 September 2024.
COMMISSIONER
[1] [2019] FWCFB 318.
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