Moffat Pty Ltd

[2019] FWCA 2985

[2019] FWCA 2985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffat Pty Ltd
(AG2019/1076)

MOFFAT PTY LTD ENTERPRISE AGREEMENT - VICTORIAN SERVICE, WAREHOUSE AND WORKSHOP 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2019-2021

[1] An application has been made for approval of an enterprise agreement known as the Moffat Pty Ltd Enterprise Agreement - Victorian Service, Warehouse and Workshop 2019-202 (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 Agreement is a single enterprise agreement.

[2] I note that the Notice of employee representational rights (NERR) provided to the employees is an earlier version of the notice which has since been superseded. As the NERR provided to employees contains content that is not prescribed by the Fair Work Regulations 2009 it therefore contravenes s.174 (1A) of the Act. However, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error.

[1] 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.

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

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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