Fredon (Act) Pty Ltd
[2023] FWCA 1491
•25 MAY 2023
| [2023] FWCA 1491 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Fredon (Act) Pty Ltd
(AG2023/1235)
FREDON ACT PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 25 MAY 2023 |
Application for approval of Fredon ACT Pty Ltd Construction Enterprise Agreement 2022
Introduction
Fredon (Act) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Fredon ACT Pty Ltd Construction Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Model Consultation Terms
The Agreement does not contain the requisite consultation terms in relation to a change to the employees' regular roster or ordinary hours of work, as required by s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.
Section 190 Undertakings
The employer 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), 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 ETU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 1 December 2024.
DEPUTY PRESIDENT
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