Pax Australia Pty Ltd
[2024] FWCA 4207
•29 NOVEMBER 2024
| [2024] FWCA 4207 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Pax Australia Pty Ltd
(AG2024/4173)
PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 29 NOVEMBER 2024 |
Application for approval of the Pax Australia - AWU Enterprise Bargaining Agreement 2024
An application has been made for approval of an enterprise agreement known as the Pax Australia - AWU Enterprise Bargaining Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Pax Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
After receipt of the application, I raised a concern with the Applicant in relation to the Notice of Employee Representational Rights (NERR) that was issued to employees who would be covered by the Agreement. The NERR referred to the proposed agreement as Pax Australia - AWU Enterprise Bargaining Agreement 2023 whereas the Agreement title is in the same terms but for a reference to the year 2024. The Applicant submitted that in the circumstances this was a minor procedural or technical error for the purposes of s.188(5) of the Act. I accept that submission. The Agreement is the product of extensive negotiation and consultation with employees. The Australian Workers’ Union (AWU) was involved as an employee bargaining representative. On the material, I am satisfied this this is a minor technical error for the purposes of s.188(5) and that the employees were not likely to have been disadvantaged by the error. I propose to disregard the error under s.188(5).
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 4.3 of the Agreement provides that nothing in this agreement operates to reduce the entitlement of an employee to benefits provided by the National Employment Standards (NES).
The AWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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