Datavoice Communications Pty Ltd
[2022] FWCA 2071
•24 JUNE 2022
| [2022] FWCA 2071 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Datavoice Communications Pty Ltd
(AG2022/1791)
Datavoice Communications Enterprise Agreement 2022 -2026
| Electrical contracting industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 24 JUNE 2022 |
Application for approval of the Datavoice Communications Enterprise Agreement 2022 -2026
An application has been made for approval of an enterprise agreement known as the Datavoice Communications Enterprise Agreement 2022 -2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Datavoice Communications Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertakings referred to above, and the material before the Commission, 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.
I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:
· Clause 7.3 provides for compassionate leave however it does not extend the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 23 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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