Legeneering (Aust.) Pty Ltd

[2021] FWCA 5369

[2021] FWCA 5369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Legeneering (Aust.) Pty Ltd
(AG2021/6710)

LEGENEERING (AUST.) PTY LTD WOODSIDE OFFSHORE MAINTENANCE ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 AUGUST 2021

Application for approval of the Legeneering (Aust.) Pty Ltd Woodside Offshore Maintenance Enterprise Agreement 2021.

[1] Legeneering (Aust.) Pty Ltd has made an application for the approval of an enterprise agreement known as the Legeneering (Aust.) Pty Ltd Woodside Offshore Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, and subject to my observation in paragraph [3] of this decision, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The copy of the notice of employee representational rights (NERR) lodged by the Applicant with its application for the approval of the Agreement was for the most part identical to the NERR prescribed by Schedule 2.1 of the Fair Work Regulations 2009 (Cth). However, it was framed within the Applicant’s letterhead, was signed electronically by the Managing Director of the Applicant, and the final sentence of the NERR asked employees to speak to particular named persons. In the event that a technical error has been made, as understood by reference to s 188(2) of the Act, I am satisfied that such error constituted a minor technical error in relation to s 174, and the employees covered by the Agreement would not likely be disadvantaged by the error. 1

[4] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[5] The Agreement was approved on 30 August 2021 and, in accordance with s 54, will operate from 6 September 2021. The nominal expiry date of the Agreement is 2 August 2025.

DEPUTY PRESIDENT

<AE512919  PR733322>

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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