Hallmac Electrical Contractors Pty Ltd
[2023] FWCA 2199
•17 JULY 2023
| [2023] FWCA 2199 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Hallmac Electrical Contractors Pty Ltd
(AG2023/2269)
HALLMAC ELECTRICAL CONTRACTORS PTY LTD SINGLE ENTERPRISE AGREEMENT 2023
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 17 JULY 2023 |
Application for approval of the Hallmac Electrical Contractors Pty Ltd Single Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Hallmac Electrical Contractors Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hallmac Electrical Contractors Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 5.8.2 of the Agreement provides that where the National Employment Standards (NES) provides, or is varied to provide, a benefit or condition or entitlement more favourable in a particular respect than that contained in this Agreement, the benefit or condition or entitlement contained in this Agreement shall be overridden to the extent of any less favourable inconsistency with the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520782 PR764292>
Annexure A
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