Unipod Pty Ltd

Case •

[2023] FWCA 2390

•

1 AUGUST 2023
[2023] FWCA 2390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unipod Pty Ltd

(AG2023/2422)

UNIPOD PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER WILSON

MELBOURNE, 1 AUGUST 2023

Application for approval of the Unipod Pty Ltd Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Unipod Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unipod Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

  1. Employees were not notified of the time, place and method of vote at least 7 clear days prior to the commencement of voting. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

  1. Subject to the undertakings referred to above, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2023. The nominal expiry date of the Agreement is 31 March 2026.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520963  PR764793>

Annexure A

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