Degree C Pty Ltd

[2021] FWCA 7008

[2021] FWCA 7008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degree C Pty Ltd
(AG2021/8440)

DEGREE C PTY LTD ENTERPRISE AGREEMENT 2021 [ELECTRICAL, REFRIGERATION & MECHANICAL SERVICES DIVISIONS]

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 7 DECEMBER 2021

Application for approval of the Degree C Pty Ltd Enterprise Agreement 2021 [Electrical, Refrigeration & Mechanical Services Divisions].

[1] An application has been made for approval of an enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2021 [Electrical, Refrigeration & Mechanical Services Divisions] (Agreement). The application was made by Degree C Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[5] Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation. 

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 26 August 2025.

COMMISSIONER

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Annexure A