Ron Bateman Pty Ltd
[2023] FWCA 965
•3 APRIL 2023
| [2023] FWCA 965 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ron Bateman Pty Ltd
(AG2023/665)
RON BATEMAN PTY LTD ENTERPRISE AGREEMENT 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 3 APRIL 2023 |
Application for approval of the Ron Bateman Pty Ltd Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Ron Bateman Pty Ltd 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 Ron Bateman Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights issued to the employees included the Employer’s letterhead and was therefore not in the prescribed form as required by s.174 of the Act. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 2 April 2027.
DEPUTY PRESIDENT
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Annexure A
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