ECS Exact Ceiling Solution Pty Ltd

Case

[2024] FWCA 2802

30 JULY 2024


[2024] FWCA 2802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ECS Exact Ceiling Solution Pty Ltd

(AG2024/2604)

ECS ENTERPRISE AGREEMENT 2024

Building services

COMMISSIONER SCHNEIDER

PERTH, 30 JULY 2024

Application for approval of the ECS Enterprise Agreement 2024

  1. ECS Exact Ceiling Solution Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ECS Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. 

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. 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.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. Clause 4.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency. 

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 6 August 2028. 

COMMISSIONER

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