Symal Infrastructure Pty Ltd

[2021] FWCA 5650

[2021] FWCA 5650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symal Infrastructure Pty Ltd
(AG2021/6753)

SYMAL INFRASTRUCTURE PTY LTD - NSW, ACT AND QLD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Symal Infrastructure Pty Ltd - NSW, ACT and QLD Enterprise Agreement 2021-2025.

[1] Symal Infrastructure Pty Ltd has applied for approval of a single enterprise agreement known as the Symal Infrastructure Pty Ltd - NSW, ACT and QLD Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired as to whether the pre-approval requirements were met. Further information was provided.

[3] On the further information provided by the Applicant, which was not opposed, I am satisfied that the form and distribution of the Notice of Employee Representational Rights (Notice) strictly complied with ss.173(1), 174(1A) and 181(2). To the extent that the note in the cover email which attached the Notice may be considered additional content to that in the Notice itself, and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that this:

a) constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views and none opposed.

[6] On the basis of the material contained in the application and related materials, 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.

[7] The Agreement was approved on 16 September 2021 and, in accordance with s.54, will operate from 23 September 2021. The nominal expiry date of the Agreement is 16 September 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

<AE513052  PR733718>

Printed by authority of the Commonwealth Government Printer

 1   [2019] FWCFB 318.

 2   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.