Nilsen (NSW) Pty Ltd
[2023] FWCA 2875
•7 SEPTEMBER 2023
| [2023] FWCA 2875 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nilsen (NSW) Pty Ltd
(AG2023/2998)
NILSEN (NSW) PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 7 SEPTEMBER 2023 |
Application for approval of the Nilsen (NSW) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025
Nilsen (NSW) Pty Ltd has made an application for approval of an enterprise agreement known as the Nilsen (NSW) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (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 a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, 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 this constitutes a minor procedural or technical error 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 error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act (which applied at the relevant time).
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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 CEPU.
The Agreement was approved on 7 September 2023 and, in accordance with s 54, it will operate from 14 September 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE521415 PR765981>
0
0
0