Ld Engineering Services Pty Ltd

[2021] FWCA 7073

[2021] FWCA 7073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ld Engineering Services Pty Ltd
(AG2021/8246)

LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 10 DECEMBER 2021

Application for approval of the LD ENGINEERING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2021

[1] LD Engineering Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the LD Engineering Services Pty Ltd Workshop Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F16 Application

[2] The Form F16 Application stated the name of the Agreement as ‘LD Engineering Services Pty Ltd – Engineering Workshop Enterprise Agreement 2021’. The Employer provided submissions that this was a typographical error and the correct name of the Agreement is as set out in clauses 1 and 2 of the Agreement, and paragraph [1] above.

[3] I consider it appropriate in the circumstances to amend the Form F16 Application to include the correct name of the Agreement and do so pursuant to s.586(a) of the Act.

Notice of employee representational rights (NERR)

[4] The NERR was issued on the Employer’s letterhead and included additional text below the prescribed wording consisting of references to the Fair Work Commission’s Infoline, the website of Fair Work Ombudsman, and the text “yours faithfully, LD Engineering Services Workshop Manager”. The Employer provided submissions that the additional text and the placement of the NERR on the Employer’s letterhead constituted minor technical errors.

[5] 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 this 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 errors.

[6] As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Section 190 Undertakings

[7] 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

[8] 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 Bargaining representatives

[9] The Australian Workers union (the AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[10] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

Approval

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2024.

COMMISSIONER

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 1   [2019] FWCFB 318.