Redpath Contract Services Pty Ltd

[2022] FWCA 3899

[2022] FWCA 3899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Contract Services Pty Ltd

(AG2022/4248)

Redpath Contract Services National Enterprise Agreement 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 7 NOVEMBER 2022

Application for approval of the Redpath Contract Services National Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Redpath Contract Services National Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redpath Contract Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) issued by the employer appeared to be a previous version of the NERR. As such, the NERR was not in accordance with s.174(1A) of the Act. Based on the submissions by the Applicant and the conclusion reached by the Full Bench in Huntsman,[1] I am satisfied that:

· the Agreement would have been genuinely agreed to within the meaning s.188(1) of the Act but for a minor technical error made in relation to the requirements of s.174 (s.188(2)(a)); and

·   the employees covered by the Agreement were not likely to have been disadvantaged by the error (s.188(2)(b)).

1. I am also satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [130] – [140].

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