Everett Smith & Co Pty Ltd

[2021] FWCA 2543

[2021] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everett Smith & Co Pty Ltd
(AG2021/4686)

EVERITT-SMITH & CO PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 5 MAY 2021

Application for approval of the Everett-Smith & Co Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Everett-Smith & Co Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Everitt Smith & Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[4] The Electrical Trades Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the date of this Approval. The nominal expiry date of the Agreement is 12 May 2024.

DEPUTY PRESIDENT

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ANNEXURE A