YEM Technology Pty Ltd Summary

[2024] FWCA 2055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

YEM Technology Pty Ltd

(AG2024/1527)

YEM TECHNOLOGY PTY LTD SINO IRON ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER LIM	PERTH, 4 JUNE 2024

Application for approval of the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2024

Yem Technology Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Notice of Employee Representations Rights that was distributed to the employees appears to be an out-of-date version. However, pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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 organisation is covered by the Agreement.

The Agreement was approved on 4 June 2024 and, in accordance with s 54, will operate from 7 days from today. The nominal expiry date of the Agreement is 3 years from today’s date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

YEM Technology Pty Ltd applied for the approval of a single-enterprise agreement known as the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2024. The applicant, a building services company, sought approval under section 185 of the Fair Work Act 2009. The application was made by the Commissioner Lim in Perth on 4 June 2024.

The primary legal issues that the court needed to determine were whether the Agreement was genuinely agreed upon, if the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were satisfied, and if the bargaining representative for the Agreement wanted the Agreement to cover it. The court had to consider whether the minor technical errors in the Notice of Employee Representation Rights could be overlooked and if the employees were likely to be disadvantaged by these errors.

The Commissioner found that despite the minor technical errors in the Notice of Employee Representation Rights, the Agreement was genuinely agreed upon within the meaning of section 188(5) of the Fair Work Act 2009. The Commissioner was satisfied that the employees were not likely to have been disadvantaged by these errors. The Commissioner also found that all the requirements of sections 186, 187 and 188 of the Act relevant to this application for approval had been met. Furthermore, the bargaining representative for the Agreement had given notice under section 183 of the Act that it wanted the Agreement to cover it, and it was declared that the organisation was covered by the Agreement.

The Agreement was approved by the Commissioner on 4 June 2024, and it will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 3 years from the date of approval.

YEM Technology Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established