MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses
[2022] FWCA 2301
•11 JULY 2022
[2022] FWCA 2301
The attached document replaces the document previously issued with the above code on 11 July 2022.
The final paragraph of the decision was incorrectly numbered as [1] and has been amended to [8].
Joseph Creese
Associate to Deputy President Beaumont
Dated 12 July 2022
| [2022] FWCA 2301 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses
(AG2022/2065)
Pickard Timber & Pickard Trusses Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 11 JULY 2022 |
Application for approval of the Pickard Timber & Pickard Trusses Enterprise Agreement 2022
MSP Group Pty Ltd T/A Pickard Timber & Pickard Trusses has made an application for the approval of an enterprise agreement known as the Pickard Timber & Pickard Trusses Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
It was evident from the materials filed in support of the application, that the Applicant had not provided the Notice of employee representational rights (NERR) to all employees within 14 days of the notification time for the agreement as required by s 173(3) of the Act. Having brought this to the attention of the Applicant, the Applicant submitted that all of its employees working within classifications covered by the Timber Industry Award 2020 had been provided with an NERR by 15 December 2021. However, the Applicant identified that the first NERR did not list the Road Transport Distribution Award 2020 as an instrument which also covered the employee group. Consequently the Applicant decided to issue a second NERR on the 29 April 2022, which referred to coverage of employees working in classifications covered by both the Timber Industry Award 2020 and the Road Transport and Distribution Award.
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] that the abovementioned error constituted a minor technical or procedural error for the purposes of s 188(2)(a) of the Act. Further, I am satisfied that the employees were not likely to have been disadvantaged by the error.
The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 11 July 2022, and, in accordance with s 54, will operate from 18 July 2022. The nominal expiry date of the Agreement is 1 January 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
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