Recycling Industries Pty Ltd
[2022] FWCA 2990
•30 AUGUST 2022
| [2022] FWCA 2990 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Recycling Industries Pty Ltd
(AG2022/3449)
Recycling Industries Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 30 AUGUST 2022 |
Application for approval of the Recycling Industries Agreement 2022
Recycling Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Recycling Industries Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 1.2 of the Agreement. The Employer submits that clause 1.2 of the Agreement contained a typographical error to the date in the specified title of the Agreement.
I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.
The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 30 August 2022 and, in accordance with s 54, will operate from 6 August 2022. The nominal expiry date of the Agreement is 28 February 2025.
DEPUTY PRESIDENT
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