Wastech Engineering Pty Ltd T/A Wastech Engineering
[2022] FWCA 2213
•4 JULY 2022
| [2022] FWCA 2213 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wastech Engineering Pty Ltd T/A Wastech Engineering
(AG2022/2062)
Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 JULY 2022 |
Application for approval of the Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022
An application has been made for approval of an enterprise agreement known as the Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wastech Engineering Pty Ltd T/A Wastech Engineering. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I note the covered employees were not provided a copy of the incorporated modern award, being the Manufacturing and Associated Industries and Occupations Award 2020, during the access period for the agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the error 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.
The Agreement was approved on 4 July 2022 and, in accordance with s.54, will operate from 11 July 2022. The nominal expiry date of the Agreement is 10 July 2024.
DEPUTY PRESIDENT
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