The Guiding Professionals Pty Ltd
[2022] FWCA 2160
•1 JULY 2022
| [2022] FWCA 2160 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Guiding Professionals Pty Ltd
(AG2022/1561)
THE GUIDING PROFESSIONALS PTY LTD ENTERPRISE AGREEMENT 2022
| Tourism industry | |
| COMMISSIONER LEE | MELBOURNE, 1 JULY 2022 |
Application for approval of THE GUIDING PROFESSIONALS PTY LTD ENTERPRISE AGREEMENT 2022
An application has been made for approval of an enterprise agreement known as THE GUIDING PROFESSIONALS PTY LTD ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Guiding Professionals Pty Ltd. The Agreement is a single enterprise agreement.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that the Notice of Employee Representational Rights (NERR) provided to the employees is on the employer’s letterhead. The NERR contains content that is not prescribed by the Fair Work Regulations 2009. The NERR does not therefore comply with the requirements under s.174(1A) of the Act.
Furthermore, employees were provided the details of the vote on 5 May 2022. Voting commenced on 12 May 2022. Therefore, the 7-day access period started on the first full day after 4 May 2022. The employer did not notify the relevant employees of the voting details by the start of the access period for the Agreement as required under s.180(3) of the Act.
The employer made submissions in relation to the above issues. I have considered the submissions, and 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] that the above matters constitute minor procedural or technical errors for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2022. The nominal expiry date of the Agreement is 1 July 2026.
COMMISSIONER
[1] [2019] FWCFB 318.
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