Makmur Enterprises Pty Ltd

[2020] FWCA 2598

[2020] FWCA 2598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Makmur Enterprises Pty Ltd
(AG2020/1228)

MAKMUR ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MAY 2020

Application for approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2020

[1] Makmur Enterprises Pty Ltd has made an application for approval of an enterprise agreement known as Makmur Enterprises Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the notice of employee representational rights provided to employees was not in the currently prescribed form, 1 but the previously prescribed form, which refers to the “Fair Work Commission Infoline”. Nevertheless, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2I am satisfied that in the circumstances this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, having regard to the materials that have been filed 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Manufacturing 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) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 18 May 2020 and, in accordance with s 54, will operate from 25 May 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

 1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

 2   [2019] FWCFB 318

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