Lineage AUS TRS Pty Ltd
[2022] FWCA 2467
•21 JULY 2022
| [2022] FWCA 2467 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lineage AUS TRS Pty Ltd
(AG2022/2240)
Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2022
| Storage services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 21 JULY 2022 |
Application for approval of the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lineage AUS TRS Pty Ltd. The Agreement is a single enterprise agreement.
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.
The Form F17 indicates that employees were initially provided with details of the vote on 6 June 2022. When voting commenced on 17 June 2022, a concern with the integrity of the voting resulted in it being rescheduled. Employees were provided with the details of the new vote on 17 June 2022, with the vote commencing on 21 June 2022. Subsequently, employees were not notified of the time, place and method of the new vote at least 7 clear days before the start of the rescheduled voting process as required by s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the 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(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The United Workers’ Union, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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