Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering

[2022] FWCA 1921

[2022] FWCA 1921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering

(AG2022/1672)

Marand Precision Engineering Employee Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 JUNE 2022

Application for approval of the Marand Precision Engineering Employee Agreement 2021

1. Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering has made an application for the approval of an enterprise agreement known as the Marand Precision Engineering Employee Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Form F17 Employer’s declaration in support of an application for approval of an enterprise agreement, indicated that the Applicant had not provided employees with seven clear days’ notice of the time, place and method of vote as required by s 181(1) of the Act (see also ss 180(3) and 180(4)). In response, the Applicant submitted that the Form F17 had incorrectly stated that the date employees were provided with notice of the time, place, and method of voting was 16 May 2022, when in fact this had occurred on 12 May 2022. Evidence of correct date was provided, and I am therefore satisfied that the requirements of s 180(3) have been met.

1. It appeared that instead of providing access to, or giving a copy of, the incorporated modern award,[1] employees were to request a copy. The Applicant submitted that failing to provide the employees with a copy of the incorporated Award was a minor procedural error for the purposes of the s 188(2) of the Act. The Applicant, relying upon what was expressed by the Full Bench decision in Construction, Forestry, Maritime, Mining and Energy Union v AKN Pty Ltd T/A Aitkin Crane Services (Aitkin),[2] and by the Commissioner in Mulgoa Quarries Pty Limited (Mulgoa),[3] submitted that the modern award was a publicly available document which was sufficient for it to demonstrate it was readily available to employees.  The Applicant further submitted that the modern award and its predecessors had been incorporated into previous versions of the Agreement from 2003 until now.  I am satisfied, having had regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[4] and the decisions of Aitkin and Mulgoa, that the abovementioned error constituted a minor technical or procedural error for the purposes of s 188(2)(a) of the Act.[5]  Further, I am satisfied that the employees were not likely to have been disadvantaged by the error. 

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 16 June 2022 and, in accordance with s 54, will operate from 23 June 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

[1] Fair Work Act 2009 (Cth) s 180(2).

[2] [2020] FWCFB 3438.

[3] [2020] FWC 1063 [24] – [25].

[4] [2019] FWCFB 318.

[5] Mulgoa Quarries Pty Limited [2020] FWC 1063 [24] – [25].

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