DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armor Safety Pty Ltd
(AG2019/2898)

ARMOR SAFETY PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Application for approval of the Armor Safety Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Armor Safety Pty Ltd & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armor Safety Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer did not provide at least 21 days between its provision of the last notice of employee representational rights and its request to employees to approve the Agreement. However, in the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] 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.

[4] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 September 2019 and, in accordance with s.54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

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 1   [2019] FWCFB 318.