Noah's Ark Inc.
[2022] FWCA 835
•9 MARCH 2022
| [2022] FWCA 835 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Noah's Ark Inc.
(AG2021/9245)
Noah's Ark Enterprise Agreement 2021
| Children's services | |
| COMMISSIONER LEE | MELBOURNE, 9 MARCH 2022 |
Application for approval of the Noah's Ark Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Noah’s Ark Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Noah’s Ark Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Education Union and the Victorian Allied Health Professionals Association being bargaining representatives for the Agreement, have 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.
I note that the Notice of Employee Representational Rights (NERR) provided to the employees is on a notice titled “Workforce Management”. The NERR is contained under the title “Enterprise Bargaining”. Furthermore, the NERR contains an email, and refers employees to “Meg Moir”. This raises a concern that the NERR is not in its prescribed form as required under s.174(1A) of the Act. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
The Agreement lodged was missing page 1. On 3 February 2022, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Annexure A
[1] [2019] FWCFB 318.
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