Tutt Bryant Hire Pty Ltd
[2022] FWCA 2677
•8 AUGUST 2022
| [2022] FWCA 2677 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tutt Bryant Hire Pty Ltd
(AG2022/3082)
Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025
| Manufacturing and associated industries | |
| COMMISSIONER MCKINNON | SYDNEY, 8 AUGUST 2022 |
Application for approval of the Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025.
Tutt Bryant Hire Pty Ltd has applied for approval of a single enterprise agreement known as the Tutt Bryant Hire and Employees Enterprise Agreement 2022 – 2025 (the Agreement).
Employees were not notified of the voting details concerning the Agreement by the start of the access period in accordance with section 180(3) of the Fair Work Act 2009 (Cth). However, of the 22 eligible employees, 17 participated in the vote and 16 voted to approve the Agreement. In the circumstances, I am satisfied that this was a minor procedural error and that but for the error, the Agreement would have been genuinely agreed to by the employees. I am also satisfied that employees were not likely to have been disadvantaged by the error. The Agreement has been genuinely agreed to by the employees covered by the Agreement under s.188(2)(a) of the Fair Work Act 2009.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from Wednesday 17 August 2022. The nominal expiry date of the Agreement is 16 August 2026.
COMMISSIONER
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