D & S Hall Pty Ltd ATF Hall Family Trust
[2024] FWCA 1156
•2 APRIL 2024
| [2024] FWCA 1156 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
D & S Hall Pty Ltd ATF Hall Family Trust
(AG2024/613)
D&S HALL PTY LTD ATF HALL FAMILY TRUST ENTERPRISE AGREEMENT 2024 - 2028
| Electrical contracting industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 2 APRIL 2024 |
Application for approval of the D&S Hall Pty Ltd ATF Hall Family Trust Enterprise Agreement 2024 – 2028.
An application has been made for approval of an enterprise agreement known as the D&S Hall Pty Ltd ATF Hall Family Trust Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer D & S Hall Pty Ltd ATF Hall Family Trust. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 24 January 2024 and the Agreement was made on 4 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Correspondence was sent to the parties by my Chambers seeking clarification as to whether Trainees are covered by the Agreement. A response was received on behalf of the employer confirming they do not employ Trainees. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A) of the Act, that Trainees are not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.
Having regard to the material contained in the application and filed in relation to it, 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 was approved on 2 April 2024 and, in accordance with s.54 of the Act, will operate from 9 April 2024. The nominal expiry date of the Agreement is 16 February 2028.
DEPUTY PRESIDENT
[1] 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.
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