ICS Industries Pty Ltd

[2020] FWCA 6527

[2020] FWCA 6527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ICS Industries Pty Ltd
(AG2020/3462)

ICS INDUSTRIES - THOMASTOWN AND SOMERTON - ELECTRICAL ENTERPRISE AGREEMENT 2020 - 2023.

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 DECEMBER 2020

Application for approval of the ICS Industries - Thomastown and Somerton - Electrical Enterprise Agreement 2020-2023.

[1] ICS Industries Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the ICS Industries – Thomastown and Somerton – Electrical Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 3.1 of the Agreement states the Agreement will operate on and from the first full pay period that commences on or after the approval of the Agreement. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 December 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

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