Manchester Tank and Equipment Pty Ltd

[2021] FWCA 6441

[2021] FWCA 6441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manchester Tank and Equipment Pty Ltd
(AG2021/7830)

MANCHESTER TANK AND EQUIPMENT PTY. LTD. ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 OCTOBER 2021

Application for approval of the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2021

[1] Manchester Tank and Equipment Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Notice of Representational Rights (NERR) was provided to a covered employee more than 14 days after the notification time. The Employer provided submissions as to this error on 21 October 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] 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.

[7] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 27 October 2021 and, in accordance with s 54, will operate from 3 November 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513665  PR735269>

 1   [2019] FWCFB 318

Annexure A