Electrix Pty Ltd

[2019] FWCA 5625

[2019] FWCA 5625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2019/2193)

ELECTRIX PTY LTD ACT ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 AUGUST 2019

Application for approval of the Electrix Pty Ltd ACT Enterprise Agreement 2019.

[1] Electrix Pty Ltd has applied for approval of a single enterprise agreement known as the Electrix Pty Ltd ACT Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Applicant sought to correct typographical errors at item 2.4 of the Employer’s Statutory Declaration and at clause 13.1.2(b) of the Agreement. Having considered the views of the Applicant and bargaining representative, including as to the form of the corrections, I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] After the application was made, concerns were raised in relation to whether: the pre-approval steps were met; the Agreement contravenes s.55 of the Act and passes the “better off overall” test.

[4] Written undertakings were given to address concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representative did not oppose the Undertakings.

[5] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[8] 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. In accordance with s.201(2) I note that the Agreement covers this organisation.

[9] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 13 August 2023.

DEPUTY PRESIDENT

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Annexure A: