Monsbent Pty Ltd
[2023] FWCA 530
•20 FEBRUARY 2023
| [2023] FWCA 530 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Monsbent Pty Ltd
(AG2023/241)
Monsbent Pty Ltd Benalla Enterprise Agreement 2023
| Timber and paper products industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 20 FEBRUARY 2023 |
Application for approval of the Monsbent Pty Ltd Benalla Enterprise Agreement 2023
Monsbent Pty Ltd has made an application for approval of an enterprise agreement known as the Monsbent Pty Ltd Benalla Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote, nor was a copy of the notice of employee representational rights (NERR) provided to employees in the prescribed form. However, in the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMMEU.
The Agreement was approved on 20 February 2023 and, in accordance with s 54, it will operate from 27 February 2023. The nominal expiry date of the Agreement is 1 February 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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