Apex Electrical and Communications Pty Ltd
[2023] FWCA 1969
•29 JUNE 2023
| [2023] FWCA 1969 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Apex Electrical and Communications Pty Ltd
(AG2023/1985)
APEX ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2023
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 29 JUNE 2023 |
Application for approval of the Apex Electrical Pty Ltd Enterprise Agreement 2023
Introduction
Apex Electrical Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Apex Electrical Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Notification of time, place and method of vote
The notification of time, place and method of vote occurred on 31 May 2023. Voting for the Agreement commenced on 7 June 2023. This was only 6 clear days prior to the commencement of voting, rather than 7 clear days as required by s.180(3) of the Act. The Employer provided submissions that this matter constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 6 July 2023. The nominal expiry date of the Agreement is 6 July 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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