austlii:cth/FWCA/2025/1099
General information, not legal advice.
FWCA
2025-03-31
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CONNECT PEOPLE VIC PTY LTD & THE AUSTRALIA WORKERS' UNION MAJOR PROJECTS AGREEMENT 2025
Application for approval of the Connect People VIC Pty Ltd & The Australia Workers' Union Major Projects Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Connect People VIC Pty Ltd & The Australia Workers' Union Major Projects Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] Three pre-approval requirements have not been met, including:
The last NERR in this matter was filed more than 14 days from the notification time, inconsistent with s 173.
Employees were provided with access to the Agreement 6 clear days before the vote. Paragraph 6 of the Statement of Principles on Genuine Agreement provides for 7 clear days.
Employees were notified of voting 6 clear days in advance. Paragraph 16 of the Statement of Principles on Genuine Agreement provides for 7 clear days.
[3] After hearing submissions from the parties on these issues, I consider these oversights are minor errors which did not disadvantage employees and may be disregarded pursuant to s 188(5).
[4] The Australian Workers' Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
[5] The Agreement is approved today 31 March 2025. It will operate from 7 April 2025 as required by section 54 of the Act. The nominal expiry date is 28 February 2029.
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