EQUANS AV Technologies Pty Ltd
[2022] FWCA 4317
•13 DECEMBER 2022
| [2022] FWCA 4317 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
EQUANS AV Technologies Pty Ltd
(AG2022/5021)
EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 13 DECEMBER 2022 |
Application for approval of the EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 - 2025
An application has been made for approval of an enterprise agreement known as the EQUANS AV Technologies Pty Limited & ETU Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EQUANS AV Technologies Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 4.19 in part A and clause 4.21 in part B of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 20 December 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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