Pipemakers Australia Pty Ltd

[2019] FWCA 4281

[2019] FWCA 4281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pipemakers Australia Pty Ltd
(AG2019/1622)

PIPEMAKERS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 (DEER PARK)

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2019

Application for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2019 (Deer Park).

[1] An application has been made for approval of an enterprise agreement known as the Pipemakers Australia Pty Ltd Enterprise Agreement 2019 (Deer Park) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipemakers Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clause 15.2 is inconsistent with the National Employment Standards it provides an employee’s annual leave entitlement in hours. Given the National Employment Standards precedence clause at clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form, as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” with the relevant telephone number. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or Fair Work Commission. I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were 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.

[5] The Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 19 June 2022.

DEPUTY PRESIDENT

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