Prydes Victoria Pty Ltd
[2022] FWCA 873
•11 MARCH 2022
| [2022] FWCA 873 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Prydes Victoria Pty Ltd
(AG2021/9067)
Prydes Broadmeadows Maintenance Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 MARCH 2022 |
Application for approval of the Prydes Broadmeadows Maintenance Agreement 2021.
Prydes Victoria Pty Ltd (the Employer) has made an application for the approval of the Prydes Broadmeadows Maintenance Agreement 2021 (the Agreement).
The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The application was not lodged within 14 days after the agreement was made, which means that I must be satisfied that it is fair in all the circumstances to extend the period for filing the application (per s.185(3) of the Act).
The explanation offered by the Employer for the lateness in the Form F16 filed by the Employer was as follows:
“There was an IT glitch with my scanner, I believed documents had been scanned and emailed to the AMWU for signing and lodging, but they had not. The circumstances in which the Agreement was voted on, have not changed and I do not want to hold the Agreement up any further or disadvantage employees due to a technical issue.”
The Employer has not responded to any communication from the Commission since lodging the application. The Employer has apparently responded to some enquiries by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
The AMWU has asked that the time for filing the application be extended and submitted that “if an extension of time is not granted, the employees to whom the agreement will apply will be denied the benefits they have bargained for, and the AMWU contends that this will visit unfairness on them. These employees have not contributed to any delay”. In these circumstances I am satisfied that it is fair to extend the period.
The AMWU was a bargaining representative for the Agreement and 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 AMWU.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 4 October 2023.
DEPUTY PRESIDENT
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