RMA Civil Pty Ltd
[2019] FWCA 4888
•15 JULY 2019
| [2019] FWCA 4888 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
RMA Civil Pty Ltd
(AG2019/656)
RMA CIVIL PTY LTD ENTERPRISE AGREEMENT 2019
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 15 JULY 2019 |
Application for approval of the RMA Civil Pty Ltd Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the RMA Civil Pty Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RMA Civil Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Notice of Employee Representational Rights (Notice) given to relevant employees at notification time for the Agreement did not contain the required content in the header of the document. It therefore was not consistent with the prescribed from in the Fair Work Regulations 2009. Nevertheless, I consider that the substance of the notice was unaffected by this omission. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1
I am satisfied that:
(a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.
[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.
[4] 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.
[5] Subject to the undertakings, 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 15 July 2023.
DEPUTY PRESIDENT
Annexure A
1 [2019] FWCFB 318.
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