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austlii:cth/FWCA/2021/1986
procedural. The Agreement was approved on 13 April 2021 and will operate from 20 April 2021 with a nominal expiry date of 30 June 2023.
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for Williams Steel Co Pty Ltd despite a procedural error where employees were given an outdated version of the relevant award. The Commission followed a previous decision (Huntsman) that such errors can be minor technical mistakes that don't prevent approval if employees weren't disadvantaged. The agreement was approved to operate from 20 April 2021 until 30 June 2023.
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s.185 - Application for approval of a single-enterprise agreement
AMWU & WILLIAMS STEEL METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023
Application for approval of the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023.
[1] Williams Steel Co Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The application was lodged by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) on behalf of the Employer. The Agreement is a single-enterprise agreement.
[2] The Employer provided a copy of the Building and Construction General On-site Award 2010 (the 2010 Award) to employees rather than the Building and Construction General On-site Award 2020 (the 2020 Award). The AMWU on behalf of the Employer provided submissions and an amended statutory declaration as to the error on 8 April 2021. I am satisfied that in all the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied in all the circumstances that employees were not likely to have been disadvantaged by this error.
[3] On the basis of the material contained in the application, and the accompanying statutory declaration and further amended statutory declaration, 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 AMWU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 13 April 2021 and, in accordance with s 54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 30 June 2023.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved on 13 April 2021 and will operate from 20 April 2021 with a nominal expiry date of 30 June 2023.