Langs Building Supplies Pty Ltd T/A Langs Building Supplies
[2024] FWCA 1915
•27 MAY 2024
| [2024] FWCA 1915 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Langs Building Supplies Pty Ltd T/A Langs Building Supplies
(AG2024/1470)
LANGS BUILDING SUPPLIES AND STAFF ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 27 MAY 2024 |
Application for approval of the LANGS BUILDING SUPPLIES AND STAFF ENTERPRISE AGREEMENT 2024.
An application has been made for approval of an enterprise agreement known as the LANGS BUILDING SUPPLIES AND STAFF ENTERPRISE AGREEMENT 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Langs Building Supplies Pty Ltd T/A Langs Building Supplies. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 March 2024 and the Agreement was made on 19 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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, 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.
I note that several clauses may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The notice of employee representational rights (NERR) provided to employees contains the watermark of the Employer and as such is not in the prescribed form as required by s.174(1A) of the Act. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2024. The nominal expiry date of the Agreement is 26 May 2028.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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