SA Profiling Pty Ltd
[2024] FWCA 4467
•12 DECEMBER 2024
| [2024] FWCA 4467 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
SA Profiling Pty Ltd
(AG2024/4206)
SA PROFILING PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER THORNTON | ADELAIDE, 12 DECEMBER 2024 |
Application for approval of the SA Profiling Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the SA Profiling Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Profiling Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees contained a minor difference in the Agreement title, referring to the SA Profiling Pty Ltd Enterprise Agreement 2023. The Applicant has advised it was a typographical error. Despite this error, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2028.
COMMISSIONER
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