TW Woods Construction Pty Ltd
[2023] FWCA 1350
•12 MAY 2023
| [2023] FWCA 1350 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
TW Woods Construction Pty Ltd
(AG2023/728)
T.W. WOODS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 12 MAY 2023 |
Application for variation of the T.W. Woods Construction Pty Ltd Enterprise Agreement 2021
An application has been made for approval of a variation to the T.W. Woods Construction Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made by TW Woods Construction Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
There was an issue raised by the Commission with the Employer regarding the non-provision of a copy of the Manufacturing and Associated Industries and Occupations Award 2020 to relevant employees at the commencement of, and during, the access period (see s.180(2), and ss.211(1)(a), (2)(a) and (3) of the Fair Work Act 2009). Having regard to the nature of the variations being made to the Agreement, and the submissions of the Employer dated 10 May 2023, I find that this non-provision of the Award constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[1] I am also satisfied that employees covered by the Agreement are not likely to have been disadvantaged by the error.[2]
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 26 November 2021. Those undertakings form part of the Agreement as varied.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 12 May 2023.
DEPUTY PRESIDENT
[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[2] Ibid.
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