Opus Omnia Pty Ltd
[2022] FWCA 1669
•20 MAY 2022
| [2022] FWCA 1669 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Opus Omnia Pty Ltd
(AG2022/1472)
Opus Omnia Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 20 MAY 2022 |
Application for approval of the Opus Omnia Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Opus Omnia Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Opus Omnia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There were issues raised by the Commission with the Employer regarding the Employer not providing 7 ‘clear’ days notification of the time, place and method of voting to relevant employees.[1] Having regard to the submissions of the Employer provided on 19 May 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Conclusion
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 27 May 2025.
DEPUTY PRESIDENT
[1] Noting the requirements of s.180(3)(4) of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
[3] Ibid.
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