SIG Combibloc Australia Pty Ltd

[2021] FWCA 2464

[2021] FWCA 2464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIG Combibloc Australia Pty Ltd
(AG2021/4797)

SIG COMBIBLOC AUSTRALIA PTY LTD (BROADMEADOWS) UWU ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2021

Application for approval of the SIG Combibloc Australia Pty Ltd (Broadmeadows) UWU Enterprise Agreement 2021.

[1] SIG Combibloc Australia Pty Ltd has made an application for approval of an enterprise agreement known as the SIG Combibloc Australia Pty Ltd (Broadmeadows) UWU Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. Further, it appears that employees were not given a copy of the Manufacturing and Associated Industries and Occupations Award 2010 (which is incorporated into the Agreement) during the ‘access period’ and did not have access to the Award throughout the access period, contrary to s 180(2). Employees were however given access to the award soon after the commencement of the access period. 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 these matters constitute minor procedural or technical errors for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] The United Workers’ Union, 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 May 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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