Moffat Pty Ltd
[2022] FWCA 250
•28 JANUARY 2022
| [2022] FWCA 250 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moffat Pty Ltd
(AG2021/9122)
Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025
| Commercial sales | |
| COMMISSIONER WILSON | MELBOURNE, 28 JANUARY 2022 |
Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025
An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moffat Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) was provided to employees twice, the first NERR being provided within timeframe prescribed by s.173(3) of the Act. The second was provided outside of the timeframe due to an abundance of caution by the Employer to ensure all eligible employees had received the notification. On the basis of the materials before me, I am satisfied that the provision of the second NERR represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.
Noting the minor error above, 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.
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 (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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