Boschetti Industries Pty Ltd t/a Platinum Electricians Albury

[2021] FWCA 7045

[2021] FWCA 7045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boschetti Industries Pty Ltd t/a Platinum Electricians Albury
(AG2021/8178)

BOSCHETTI INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 DECEMBER 2021

Application for approval of the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021.

[1] Boschetti Industries Pty Ltd has applied for approval of a single enterprise agreement known as the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information, evidence and undertakings were provided in relation to these concerns.

[3] The written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Agreement was approved on 10 December 2021 and, in accordance with s.54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2022.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514216  PR736631>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.