Shriro Holdings
[2023] FWCA 878
•23 MARCH 2023
| [2023] FWCA 878 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shriro Holdings
(AG2023/634)
SHRIRO, VICTORIA ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 23 MARCH 2023 |
Application for approval of the SHRIRO, Victoria Enterprise Agreement 2023
Shriro Holdings has made an application for approval of an enterprise agreement known as the SHRIRO, Victoria Enterprise Agreement 2023 (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, the notice of employee representational rights (NERR) provided to employees was not in the correct form. 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.
Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 and 188 as are relevant to this application for approval has been met.
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. As required by 201(2), I note that the Agreement covers the UWU.
The Agreement was approved on 23 March 2023 and, in accordance with s 54, it will operate from 30 March 2023. The nominal expiry date of the Agreement is 31 January 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
Printed by authority of the Commonwealth Government Printer
<AE519555 PR760536>
0
0
0