Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Instrumentation

Case

[2022] FWCA 3409

5 OCTOBER 2022


[2022] FWCA 3409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arnold Electrical & Data Installations Pty Ltd T/A Arnold Electrical & Data Instrumentation

(AG2022/3939)

Arnold Enterprise Agreement 2022-2025

Electrical contracting industry

COMMISSIONER SPENCER

BRISBANE, 5 OCTOBER 2022

Application for approval of the Arnold Enterprise Agreement 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the Arnold Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arnold Electrical & Data Installations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ETU.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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