Wickham Hoist (Australia) Pty Ltd

[2022] FWCA 4431

[2022] FWCA 4431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wickham Hoist (Australia) Pty Ltd

(AG2022/5023)

Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 DECEMBER 2022

Application for approval of the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026

1. An application has been made for approval of an enterprise agreement to be known as the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wickham Hoist (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. There was an issue raised by the Commission with the Employer regarding the notification of relevant employees of voting information by the start of the access period.[1] Having regard to the submissions of the Employer provided on 13 December 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 15 December 2026.

DEPUTY PRESIDENT

[1] Noting the requirements of s.180(3) of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Ibid.

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