SPX Flow Technology Australia Pty Ltd

[2021] FWCA 7181

[2021] FWCA 7181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPX Flow Technology Australia Pty Ltd
(AG2021/8489)

SPX FLOW TECHNOLOGY AUSTRALIA PTY LTD (SERVICE AND WAREHOUSE) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 17 DECEMBER 2021

Application for approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2021

[1] SPX Flow Technology Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F16 Application

[2] The Form F16 Application stated the name of the Agreement as ‘SPX Flow Technology Australia Pty Ltd Enterprise Agreement 2021’. The Employer provided submissions that this was a typographical error, and the correct name of the Agreement is as set out in clause 1 of the Agreement, the Notice of Employee Representational rights, and paragraph [1] above.

[3] I consider it appropriate in the circumstances to amend the Form F16 Application to include the correct name of the Agreement and do so pursuant to s.586(a) of the Act.

Notice of employee representational rights (NERR) and Pre-approval statutory timeframes

[4] The NERR was issued on the Employer’s letterhead. The Employer provided submissions that the placement of the NERR on the Employer’s letterhead constituted a minor technical error.

[5] Further, there were only six clear days from the date on which employees were notified of the time, place and method of voting and the commencement of the vote. Section 180(3) of the Act requires at least 7 clear days. The Employer provided submissions that this constituted a minor procedural error and that the employees covered by the agreement were not likely to have been disadvantaged by this error.

[6] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 that these matters constitute minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[7] As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Sections 186, 187 and 188

[8] 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.

Section 205 Consultation

[9] The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

Section 183 Bargaining representatives

[10] The Australian Manufacturing Workers union (the AMWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[11] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

Approval

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514339  PR736877>

 1   [2019] FWCFB 318.