McElligotts (Vic) Pty Ltd

[2022] FWCA 1741

[2022] FWCA 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McElligotts (Vic) Pty Ltd

(AG2022/1382)

Maintenance Industrial Services Agreement

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 MAY 2022

Application for approval of the Maintenance Industrial Services Agreement.

1. McElligotts (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Maintenance Industrial Services Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 1.2 which included a nominal expiry date contradictory to the nominal expiry date at clause 1.4. The Employer submits that clause 1.2 was included in error and whilst clause 1.2 remains to retain the sequencing it has been amended to refers to clause 1.4. Employee bargaining representatives have confirmed that clause 1.2 was included in error and they are content that it be deleted.

1. I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

1. The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

1. The Form F16 nominated Damian Hill and Vince Palamara as employee bargaining representatives for the Agreement. Damian Hill and Vince Palamara have each lodged a Form F18A statutory declaration in support of the approval of the Agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

1. The Agreement was approved on 27 May 2022 and, in accordance with s 54, will operate from 3 June 2022. The nominal expiry date of the Agreement is 8 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516086  PR742047>

Annexure A