NQ Powertrain Pty Ltd T/A Powerpac

[2020] FWCA 2630

[2020] FWCA 2630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQ Powertrain Pty Ltd T/A Powerpac
(AG2020/945)

NQ POWERTRAIN PTY LTD WORKPLACE AGREEMENT 2020

Agricultural industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2020

Application for approval of the NQ Powertrain Pty Ltd Workplace Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NQ Powertrain Pty Ltd Workplace Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NQ Powertrain Pty Ltd T/A Powerpac (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that would be used, as required by s.180(3) of the Act.

[3] Considering the Employer’s submissions, the voter turnout and that notification of the vote was effected immediately after the start of the access period, I am satisfied that:

(a) the error constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

(b) employees covered by the Agreement were not likely to have been disadvantaged by this error.

[4] I am therefore satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] 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.

[6] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 20 May 2024.

DEPUTY PRESIDENT

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Annexure A