Leemark Fire Protection Pty Ltd

[2021] FWCA 2456

[2021] FWCA 2456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leemark Fire Protection Pty Ltd
(AG2021/4782)

LEEMARK FIRE PROTECTION PTY LTD AND ETU ENTERPRISE AGREEMENT 2020 – 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2021

Application for approval of the Leemark Fire Protection Pty Ltd and ETU Enterprise Agreement 2020 – 2021.

[1] Leemark Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Leemark Fire Protection Pty Ltd and ETU Enterprise Agreement 2020 – 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 May 2021 and, in accordance with s 54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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