One Diversified (Aust.) Pty Ltd
[2023] FWCA 819
•17 MARCH 2023
| [2023] FWCA 819 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
One Diversified (Aust.) Pty Ltd
(AG2023/566)
ONE DIVERSIFIED (AUST.) PTY LTD QUEEN’S WHARF PROJECT AGREEMENT 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 17 MARCH 2023 |
Application for approval of the One Diversified (Aust.) PTY LTD Queen’s Wharf Project Agreement 2022
One Diversified (Aust.) Pty Ltd has made an application for approval of an enterprise agreement known as the One Diversified (Aust.) PTY LTD Queen’s Wharf Project Agreement 2022 (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 notice of employee representational rights (NERR) provided to employees was not in the correct form. However, in all 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 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.
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 17 March 2023 and, in accordance with s 54, it will operate from 24 March 2023. The nominal expiry date of the Agreement is 1 November 2026.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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