Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd

[2022] FWCA 1198

[2022] FWCA 1198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd

(AG2022/719)

E.P.L Electrical Agreement 2021

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 5 APRIL 2022

Application for approval of the E.P.L Electrical Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the E.P.L Electrical Agreement 2021 (Agreement). The application was made by Ertech Pty Ltd, Yaraandoo Pty Ltd and Ertech Electrical Pty Ltd (Applicants) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement and the Applicants are single interest employers within the meaning of s.172(5)(b) of the Act as they are related bodies corporate.

1. An error was made in the application in that it referenced the wrong employer and applicant name. The Applicants applied for a correction such that the correct legal names of the Applicants were referenced in the application. Pursuant to s.586 of the Act, I allow the correction to the application so that it references the names of the Applicants.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

1. The Applicants, who are the employers covered by the Agreement, have provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

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

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 5 April 2026.

COMMISSIONER

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Annexure A