Redpath Contract Services Pty Ltd
[2022] FWCA 1809
•3 JUNE 2022
| [2022] FWCA 1809 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Redpath Contract Services Pty Ltd
(AG2022/1325)
Redpath Contract Services (Raisebore) Enterprise Agreement 2022
| Mining industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 3 JUNE 2022 |
Application for approval of the Redpath Contract Services (Raisebore) Enterprise Agreement 2022
Redpath Contract Services Pty Ltd has applied for approval of an enterprise agreement known as the Redpath Contract Services (Raisebore) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Agreement lodged contained an error where clause 16.2 erroneously cross-referenced a subclause that does not exist. On 19 May 2022, the Employer filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
The Notice of Employee Representational Rights (NERR) provided to employees was an outdated version. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174(1)(A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that clause 16.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 2 June 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516147 PR742244>
Annexure A
0
0
0