Mainteck Services Pty Ltd

[2021] FWCA 4876

[2021] FWCA 4876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mainteck Services Pty Ltd
(AG2021/6488)

MAINTECK SERVICES PTY LTD FAIRY MEADOW MACHINE SHOP ENTERPRISE COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 11 AUGUST 2021

Application for approval of the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021.

[1] Mainteck Services Pty Ltd has applied for approval of an enterprise agreement known as the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] Whilst the relevant employees were notified on 12 July 2021 that the vote would occur on 21 July, the method and location of the vote were not specified at this time. There was some uncertainty about other details of the vote in the context of Public Health Orders being in place to deal with the COVID-19 pandemic. This meant that notification of the place and method of the vote did not occur 7 clear days prior to the commencement of voting as required by s.180(3) of the Act. When the vote did occur, 23 of the 25 employees who would be covered by the Agreement cast a valid vote, and all approved the Agreement. In the circumstances, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3) of the Actand that the employees covered by the Agreement were not likely to have been disadvantaged by this error. I consider it appropriate to exercise the discretion conferred by s.188(2) of the Act.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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