Pro Rack Installations Pty Ltd

[2024] FWCA 2709

[2024] FWCA 2709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pro Rack Installations Pty Ltd

(AG2024/2603)

AMWU & PRO RACK INSTALLATIONS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 25 JULY 2024

Application for approval of the AMWU & PRO RACK INSTALLATIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & PRO RACK INSTALLATIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro Rack Installations Pty Ltd. The Agreement is a single enterprise agreement.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “AMWU & The Trustee for Mitchel Family Trust t/a Pro Rack Installations Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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