Deadshort Electrical Pty Ltd
[2022] FWCA 1296
•13 APRIL 2022
| [2022] FWCA 1296 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Deadshort Electrical Pty Ltd
(AG2022/948)
Deadshort Electrical Single Enterprise Agreement 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 13 APRIL 2022 |
Application for the approval of Deadshort Electrical Single Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Deadshort Electrical Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by of Deadshort Electrical Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 12 April 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2022. The nominal expiry date of the Agreement is 13 April 2026.
DEPUTY PRESIDENT
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<AE515690 PR740338>
Annexure A
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