Ward McKenzie Pty Ltd

[2020] FWCA 6671

[2020] FWCA 6671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ward McKenzie Pty Ltd
(AG2020/3471)

WARD MCKENZIE GROUP OF COMPANIES PARTNERSHIP AGREEMENT 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Ward McKenzie Group of Companies Partnership Agreement 2020-2023.

[1] Application has been made by Ward McKenzie Pty Ltd for approval of a single enterprise agreement known as the Ward McKenzie Group of Companies Partnership Agreement 2020-2023 (the Agreement).

[2] The application is generally in order however it appears from the employer’s declaration that employees were provided with details of the vote on the first day of the access period. In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,^[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

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