Alland Group Pty Ltd
[2024] FWCA 2153
•12 JUNE 2024
| [2024] FWCA 2153 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Alland Group Pty Ltd
(AG2024/1616)
ALLAND GROUP ENTERPRISE AGREEMENT 2024 - 2027
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 12 JUNE 2024 |
Application for approval of the Alland Group Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Alland Group Enterprise Agreement 2024 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alland Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking (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 undertaking. The bargaining representatives indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
I note that there was a minor discrepancy in the title of the proposed agreement referred to in the Notice of Employee Representational Rights and the Agreement. I also note that the request to approve the agreement was not made at least 21 days after the day on which the last notice under s.173(1) was as required by s.181(2). I am satisfied that in the circumstances these are minor technical and procedural errors respectively, which may be disregarded under s.188(5) on the basis that employees were not likely to be disadvantaged by the errors. Subject to these matters and the undertaking 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 undertaking is taken to be a term of the Agreement.
I note that Clause 6.2 of the Agreement provides that the National Employment Standards (NES) will be incorporated into this agreement and that in the event of any inconsistencies the NES will prevail over the terms in the agreement, except where the agreement provides for a greater entitlement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 January 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524988 PR775915>
Annexure A
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