GS & BD Electrics Pty Ltd

[2020] FWCA 111

[2020] FWCA 111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GS & BD Electrics Pty Ltd
(AG2019/4477)

GS & BD ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 8 JANUARY 2020

Application for approval of the GS & BD Electrics Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GS & BD Electrics Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by GS & BD Electrics 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] It appears that the Employer did not provide the employees with the proper notice of the voting arrangements as stipulated within s.180 of the Act. In any event and pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3) of the Act. I am also satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 7 January 2024.

COMMISSIONER

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Annexure A