Hix Group Pty Ltd
[2024] FWCA 3226
•11 SEPTEMBER 2024
| [2024] FWCA 3226 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hix Group Pty Ltd
(AG2024/3112)
HIX GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 11 SEPTEMBER 2024 |
Application for approval of the Hix Group Pty Ltd Single Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Hix Group Pty Ltd Single Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hix Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 9 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020, Plumbing and Fire Sprinklers Award 2020, Building and Construction General On-site Award 2020, and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Model flexibility clause
Pursuant to s.201(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 11 September 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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