Schenck Process Australia Pty Ltd T/A Schenck Process Australia

[2020] FWCA 4066

[2020] FWCA 4066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenck Process Australia Pty Ltd T/A Schenck Process Australia
(AG2020/1829)

SCHENCK PROCESS AUSTRALIA (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 AUGUST 2020

Application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schenck Process Australia Pty Ltd T/A Schenck Process Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied 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(2) of the Act.

[4] The Agreement lodged contained an error on pages 3, 7 and 28. On 3 August 2020, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 August 2020 and, in accordance with s.54, will operate from 10 August 2020. The nominal expiry date of the Agreement is 8 October 2022.

COMMISSIONER

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