Westgate Community Initiatives Group Incorporated

[2021] FWCA 7177

[2021] FWCA 7177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westgate Community Initiatives Group Incorporated
(AG2021/8718)

WESTGATE COMMUNITY INITIATIVES GROUP LTD ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2021

Application for approval of the Westgate Community Initiatives Group LTD Enterprise Agreement 2021

[1] Westgate Community Initiatives Group Incorporated has made an application for approval of an enterprise agreement known as the Westgate Community Initiatives Group LTD Enterprise Agreement 2021 (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, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. 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 s 188(2)(a), and 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 December 2021 and, in accordance with s 54, will operate from 24 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318