Genus Infrastructure (NSW)
[2024] FWCA 516
•6 FEBRUARY 2024
| [2024] FWCA 516 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Genus Infrastructure (NSW)
(AG2023/5523)
GENUS INFRASTRUCTURE TASMANIA
| Electrical contracting industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 FEBRUARY 2024 |
Application for approval of the Genus Infrastructure Tasmania.
Genus Infrastructure (NSW) (the Employer) has made an application for the approval of the Genus Infrastructure Tasmania (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 4.1.2(a) – Termination of Employment
- Clause 4.9 – Summary Dismissal
- Clause 8.1.1 – Annual Leave
- Clause 8.5 – Compassionate Leave
Noting the undertaking provided by the Employer, I am satisfied that 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 (CEPU) was a bargaining representative for the Agreement and 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 CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 1 October 2025.
DEPUTY PRESIDENT
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