Master Builders Northern Territory Ltd

[2021] FWCA 3245

[2021] FWCA 3245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Northern Territory Ltd
(AG2021/4724)

ALL CAST (NT) DRAINAGE SYSTEMS PTY LTD WORKPLACE AGREEMENT 2021

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 7 JUNE 2021

Application for approval of the All Cast (NT) Drainage Systems Pty Ltd Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the All Cast (NT) Drainage Systems Pty Ltd Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Northern Territory Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The NERR provided to employees contains the Fair Work Ombudsman website and Fair Work Commission information line telephone number. The NERR contains additional information and therefore does not appear to be in the required form. I am satisfied having regard to 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 s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[5] Accordingly, notwithstanding the matters identified in paragraph 4 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2021. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Annexure A

 1   [2019] FWCFB 318

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