PHE Pty Ltd
[2024] FWCA 3151
•2 SEPTEMBER 2024
| [2024] FWCA 3151 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PHE Pty Ltd
(AG2024/2307)
P.H.E. PTY LTD ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| COMMISSIONER MCKINNON | SYDNEY, 2 SEPTEMBER 2024 |
Application for approval of the P.H.E. Pty Ltd Enterprise Agreement 2024
PHE Pty Ltd (PHE) has applied for approval of a single enterprise agreement known as the P.H.E. Pty Ltd Enterprise Agreement 2024 (the Agreement).
An administrative error occurred in the voting process for the approval of the Agreement. Two mechanical apprentices were left off the mailing list provided to the company responsible for conducting a vote to approve the Agreement. PHE has provided an explanation for the error and points to the outcome of the vote, which it says could not have been affected by two more votes. Employees were given an opportunity to provide any views in relation to the error but did not respond. The Statement of Principles[1] provides that employees should be given a reasonable opportunity to vote on a proposed enterprise agreement, including by a method and period of voting that provides all employees entitled to vote with a fair and reasonable opportunity to cast a vote. The omission of two employees from the list of eligible voters did not meet this expectation. However, in the circumstances I am satisfied the error was minor, procedural and unlikely to have disadvantaged any employee. I agree with PHE that the voting outcome would not have been affected if the error had not occurred.
Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.
With the undertakings now given, and having regard to the Statement of Principles, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
The Agreement is approved and will operate from 9 September 2024. The nominal expiry date of the Agreement is 2 September 2028.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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