The Duct Company Pty Ltd

[2020] FWCA 4098

[2020] FWCA 4098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Duct Company Pty Ltd
(AG2020/1865)

THE DUCT COMPANY PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 AUGUST 2020

Application for approval of the The Duct Company Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as The Duct Company Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Duct Company Pty Ltd (ACN 093 220 243), in concert with The Duct Company (NSW) Pty Ltd (ACN 65 792 455), as single-interest employers. The Agreement is a single enterprise agreement.

[2] The Applicant’s Form F17 identifies that the notification of the voting time and date was only six clear days, and not seven clear days. Having regard to the fact that 25 of 27 employees voted to approve the Agreement, and that the delayed notification of voting was due to a bona fide error, I have determined that the error is a “minor procedural error”, and that employees were not disadvantaged by the error. I thus confirm that I have no issues as to my satisfaction as to the Agreement being genuinely agreed (c.f. s.188(2) of the Act) in accordance with the requirements of the Act.

[3] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508660  PR721561>