Vision Super Pty Ltd

[2021] FWCA 6819

[2021] FWCA 6819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Super Pty Ltd
(AG2021/8020)

VISION SUPER PTY LTD ENTERPRISE AGREEMENT 11, 2021

Banking finance and insurance industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 NOVEMBER 2021

Application for approval of the Vision Super Pty Ltd Enterprise Agreement 11, 2021

[1] Vision Super Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Vision Super Pty Ltd Enterprise Agreement 11, 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Employees were not provided with 7 clear days notice of the time, place and method of the vote as required by section 180(3) of the Act. The Employer provided a statutory declaration as to this error on 16 November 2021. I am satisfied having regard to the statutory declaration and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

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

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 24 November 2021 and, in accordance with s 54, will operate from 1 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514003  PR736119>

 1   [2019] FWCFB 318

Annexure A