SSJG Ministries Inc

[2019] FWCA 1759

[2019] FWCA 1759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSJG Ministries Inc
(AG2018/5070)

SSJG MINISTRIES INC. SUPPORT SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2019

Application for approval of the SSJG Ministries Inc. Support Services Enterprise Agreement 2018.

[1] SSJG Ministries Inc. has made an application for approval of an enterprise agreement known as the SSJG Ministries Inc. Support Services Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that employees were provided with a copy of the Agreement prior to the commencement of the access period, but that not all details of the vote were provided at this time. However, I am satisfied that in all of the circumstances, including the information provided in the employer’s statutory declaration, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were 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.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The United Voice and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 18 March 2019 and, in accordance with s 54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318