Wallenius Wilhelmsen Solutions Pty Ltd

[2020] FWCA 1358

[2020] FWCA 1358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallenius Wilhelmsen Solutions Pty Ltd
(AG2019/5022)

WALLENIUS WILHELMSEN SOLUTIONS AUSTRALIA PTY LTD & AMWU VICTORIAN ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2020

Application for approval of the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallenius Wilhelmsen Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer did not notify employees of the relevant vote information 7 clear days prior to the date the vote commenced. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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