Waco Kwikform Limited
[2024] FWCA 2170
•13 JUNE 2024
| [2024] FWCA 2170 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Waco Kwikform Limited
(AG2024/1946)
WACO KWIKFORM LIMITED (CANBERRA WAREHOUSE) ENTERPRISE AGREEMENT 2024
| Building services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 13 JUNE 2024 |
Application for approval of the Waco Kwikform Limited (Canberra Warehouse) Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Waco Kwikform Limited (Canberra Warehouse) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waco Kwikform Limited (Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
The Agreement lodged contained a cross referencing error at clause 19.1. The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
I am otherwise 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, in accordance with s.54 of the Act, will operate from 20 June 2024. The nominal expiry date of the Agreement is 30 April 2028.
DEPUTY PRESIDENT
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