Quickstep Technologies Pty Ltd

[2020] FWCA 4614

[2020] FWCA 4614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Quickstep Technologies Pty Ltd
(AG2020/2204)

QUICKSTEP TECHNOLOGIES PTY LTD, NEW SOUTH WALES AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 SEPTEMBER 2020

Application for variation of the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019.

[1] An application has been made for approval of a variation to the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019 (the Agreement). The application was made by Quickstep Technologies Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Employees appear to have been notified of the vote less than 7 clear days prior to the vote and that they may vote prior to the vote commencement day. As such, employees may have voted on the agreement less than 7 clear days after the variation and the vote information was distributed. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 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 errors.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 26 June 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 September 2020.

COMMISSIONER

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