ARA Electrical Engineering Services Pty Ltd

Case

[2024] FWCA 4009

18 NOVEMBER 2024


[2024] FWCA 4009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd

(AG2024/3995)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD TRADING AS J.A. MARTIN NEWCASTLE & HUNTER VALLEY TRADES ENTERPRISE AGREEMENT 2024

Electrical contracting industry

COMMISSIONER CRAWFORD

SYDNEY, 18 NOVEMBER 2024

Application for approval of the ARA Electrical Engineering Services Pty Ltd trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Ltd trading as J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by ARA Electrical Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CEPU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 18 November 2027.

COMMISSIONER

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<AE526786  PR781328>

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