Bonnett's Staff Electrical Contractors Pty Ltd T/A Bonnett's Electrical

[2024] FWCA 802

[2024] FWCA 802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bonnett's Staff Electrical Contractors Pty Ltd T/A Bonnett's Electrical

(AG2024/327)

BONNETT'S STAFF ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 4 MARCH 2024

Application for approval of the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Bonnetts Staff Electrical Contractors Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bonnett's Staff Electrical Contractors Pty Ltd T/A Bonnett's Electrical (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 15 February 2024.

1. On 16 February 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. There is one National Employment Standard (NES) issue that requires comment:

·  Clause 18.1.7 of the Agreement states where an employee has given notice of termination of employment he or she shall continue in employment until the date of the expiration of such notice. Any employee who is given such notice and is absent from work without reasonable cause during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period. This appears inconsistent with s.117 of the Act. 

1. Clause 6.1 of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 19 February 2024, a copy of which is attached to the Agreement. The undertaking ensures the BOOT is met with respect to weekend penalties, wage rates and conditions for apprentices and trainees and inserts a definition of shift worker for the purposes of the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 March 2028.
   
   

COMMISSIONER

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