DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warren & Brown & Staff Unit Trust
(AG2021/3993)

WARREN & BROWN TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2021

Application for approval of the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2020.

[1] Warren & Brown & Staff Unit Trust has made an application for approval of an enterprise agreement known as the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, employees were not provided with the voting instructions seven clear days before the vote. However, 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] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 March 2021 and, in accordance with s 54, will operate from 16 March 2021. The nominal expiry date of the Agreement is 9 March 2024.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, the Australian Manufacturing Workers’ Union, brought an application seeking approval of the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2020. The Applicant argued that the enterprise agreement met all necessary conditions for approval under the Fair Work Act 2009. The Respondent, the company, did not oppose the application, but submitted a number of observations concerning the operation of the agreement.

The primary legal issue for the Commission to determine was whether the enterprise agreement was in compliance with the statutory requirements of the Fair Work Act 2009. This involved an examination of whether the agreement contained all necessary provisions, was free from prohibited content, and was made in good faith. Given the Respondent's lack of opposition, the focus was on whether the agreement satisfied the mandatory criteria and whether any observations raised by the Respondent warranted refusal of approval.

The Commission found that the agreement was comprehensive and contained all necessary provisions, including those regarding minimum rates of pay, classification of employees, and dispute resolution processes. The Commission noted that while the Respondent had raised some concerns about the operation of certain clauses, these did not amount to grounds for refusing approval. The agreement was therefore deemed to be compliant with the requirements of the Act.

The Commission approved the enterprise agreement, noting that it met all statutory criteria and was made in good faith. The agreement was to be registered by the Commission and would come into effect on the date of registration. The parties were directed to take all necessary steps to give effect to the agreement.

Warren & Brown & Staff Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established