Electro Data And Generation Pty Ltd

[2025] FWCA 107

[2025] FWCA 107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Electro Data And Generation Pty Ltd

(AG2024/5106)

ELECTRO DATA AND GENERATION PTY LTD DATA AND COMMUNICATIONS ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 17 JANUARY 2025

Application for approval of the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024 -2028

1. An application has been made for approval of an enterprise agreement known as the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2024 -2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electro Data And Generation Pty Ltd (the Company). The Agreement is a single enterprise agreement.

Undertakings 

1. In response to several issues raised with the Company in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.  

1. The undertakings relate to:   

1. The definition of a shiftworker for the purposes of the additional week of annual leave
2. Junior apprentice wages
3. Overtime rate for part time employees
4. Minimum period of work for casual employees
5. Employment classifications regarding exclusion of grades 1 through 4

Stand Down

1. Clause 40.5 of the Agreement relates to “Stand Downs”. I note the operation of this clause will be subject to s 524 of the Act (which deals with stand down).

Interaction with the National Employment Standards 

1. Clause 2.3 of the Agreement provides that the Agreement will be read an interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency and the NES provision provides a greater entitlement, the NES provision will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 33.1.5 – personal / carers’ leave notification; 

b.Clause 40.2 – termination of employment (withholding monies); 

c.Clause 40.3 – abandonment of employment.  

Consideration 

1. Subject to the undertakings referred to above, 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. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A