United Workers’ Union

[2020] FWCA 5976

[2020] FWCA 5976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2020/3133)

GLOBAL INTERNATIONAL LIMITED AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Globe International Limited and National Union ofWorkers Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Globe International Limited and National Union of Workers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Globe International Limited, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I have noted that the Notice of Employee Representational Rights (NERR) indicated that the name of the enterprise agreement Globe International Limited was bargaining for was the Globe International Limited and National Union of Workers Enterprise Agreement 2017. Globe International Limited submits that this is capable of being categorised as a “minor procedural or technical error” as it was a typographical error that did not disadvantage employees or affect their ability to participate in negotiations or be represented in negotiations. Moreover, it submits that all employees were aware that a new agreement was being negotiated to replace the 2017 Agreement. I am satisfied the difference in names is capable of being categorised as a “minor technical error” as contemplated by s.188(2) of the Act and further, I consider I can be satisfied that the employees were not likely to have been disadvantaged by it, given that 18 of 21 employees covered by the Agreement at the time of the vote cast a valid vote.

[4] I am therefore satisfied that this matter relating to the name of the Agreement was a minor technical error, the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed notwithstanding it. 1

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[6] 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

[7] Globe International Limited 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 a substantial change to the Agreement. The undertakings are taken to be a term of the Agreement.

[8] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration and the submissions of Globe International Limited outlined in paragraph [3] above, 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.

[9] The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the UWU, I note that the Agreement covers the UWU.

[10] The Agreement is approved and, in accordance with s.54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

 1   Fair Work Act 2009, s.188(2).

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