Sonoco Australia Pty Ltd
[2022] FWCA 3223
•15 SEPTEMBER 2022
| [2022] FWCA 3223 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sonoco Australia Pty Ltd
(AG2022/3730)
Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 15 SEPTEMBER 2022 |
Application for approval of the Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2022
Sonoco Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer had incorrectly identified the employer on the Notice of Representational Rights (NERR). The Employer provided submissions as to this error on 15 September 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 15 September 2022 and, in accordance with s 54, will operate from 22 September 2022. The nominal expiry date of the Agreement is 1 August 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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