Carrier Electrical Services Pty Ltd

[2024] FWCA 1518

[2024] FWCA 1518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carrier Electrical Services Pty Ltd

(AG2024/1131)

CARRIER ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 2 MAY 2024

Application for approval of the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Carrier Electrical Services Pty Ltd Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrier Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

1. On the initiating application the Form F16 Application for Approval of Enterprise Agreement the legal name of the Applicant was identified as the name of the contact of the employer rather than the legal name of the employer. An amended Form F16 has been filed correcting the legal name of the employer to “Carrier Electrical Services Pty Ltd”. An Order has been issued amending the name of the employer to “Carrier Electrical Services Pty Ltd”.[1]

1. The notification time for the Agreement under s.173(2) was 6 October 2023 and the Agreement was made on 19 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[2]

1. The Employer has 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2024. The nominal expiry date of the Agreement is 2 May 2027.

COMMISSIONER

Annexure A

[1] PR773950.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

<AE524389  PR773975>