Life Without Barriers Limited
[2023] FWCA 1024
•6 APRIL 2023
| [2023] FWCA 1024 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Life Without Barriers Limited
(AG2023/846)
LIFE WITHOUT BARRIERS DISABILITY SERVICES ENTERPRISE AGREEMENT VICTORIA 2022-2025
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 6 APRIL 2023 |
Application for approval of the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025
Life Without Barriers Limited has made an application for approval of an enterprise agreement known as the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the voting instructions and access to the Agreement seven clear days before the vote, nor was a copy of the notice of employee representational rights (NERR) provided to all employees within 14 days of notification time. 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 these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by them. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
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 and 188 as are relevant to this application for approval has been met.
The Health and Community Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the HSU.
The Agreement was approved on 6 April 2023 and, in accordance with s 54, it will operate from 13 April 2023. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE519688 PR760948>
0
0
0