Aircon Rentals Pty Limited
[2024] FWCA 4061
•21 NOVEMBER 2024
| [2024] FWCA 4061 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Aircon Rentals Pty Limited
(AG2024/3683)
AIRCON RENTALS ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 21 NOVEMBER 2024 |
Application for approval of the Aircon Rentals Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Aircon Rentals Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aircon Rentals Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 4.5 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that the Workplace delegates’ rights clauses, namely, clause 37A in the Clerks – Private Sector Award 2020; clause 25A in the Road Transport (Long Distance Operations) Award 2020; clause 29A in the Storage Services and Wholesale Award 2020; clause 33A in the General Retail Industry Award 2020 and clause 26A in the Electrical, Electronic and Communications Contracting Award 2020, are taken to be terms of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement 21 November 2028, being 4 years from date of approval.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526832 PR781475>
Annexure A
0
0
0