Service Stream Maintenance Pty Ltd
[2022] FWCA 1122
•30 MARCH 2022
| [2022] FWCA 1122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Service Stream Maintenance Pty Ltd
(AG2022/696)
ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 30 MARCH 2022 |
Application for the approval of the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021
Service Stream Maintenance Pty Ltd has made an application for approval of an enterprise agreement known as the ServiceStream and AMWU (Port Melbourne) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, not all of the employees were provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] 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 are 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.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The Australian Manufacturing Workers' Union (AMWU), 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) and based on its declaration, I note that the Agreement covers the AMWU.
The Agreement was approved on 30 March 2022 and, in accordance with s 54, will operate from 6 April 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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