Allmen Industrial Services Pty Limited
[2025] FWCA 246
•22 JANUARY 2025
| [2025] FWCA 246 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Allmen Industrial Services Pty Limited
(AG2024/5269)
ALLMEN INDUSTRIAL SERVICES PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 22 JANUARY 2025 |
Application for approval of the Allmen Industrial Services Pty Limited Single Enterprise Agreement 2024
Introduction
Allmen Industrial Services Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Allmen Industrial Services Pty Limited Single Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award).
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Schedule F.
Deductions Upon Termination
Clause 3.6.4 of the Agreement states that the Company may deduct from any termination wage payments the balance of outstanding monies owed by the Employee to the Company. However, it is unclear whether this clause limits the types of payments from which deductions may be made. Consequently, the clause could potentially allow deductions from entitlements protected under the National Employment Standards (NES), which may conflict with the provisions of Chapter 2, Part 2.2, Division 2 of the Act.
The Employer submitted that the intent of clause 3.6.4 is to confine deductions to an employee’s wages, excluding NES entitlements, aligning with clause 30.1(d) of the Award. To address this concern, the Employer provided an undertaking to clarify this interpretation.
Casual Conversion
The Agreement contains casual conversion provisions which are inconsistent with the Employee Choice Pathways laws which take effect on 26 February 2025 for most employees and 26 August 2025 for employees of small business employers.
The Employer provided an undertaking to address this issue.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Schedule E. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 22 January 2029.
DEPUTY PRESIDENT
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