ICS Industries Pty Ltd T/A EnerSys
[2024] FWCA 542
•7 FEBRUARY 2024
| [2024] FWCA 542 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise Agreement
ICS Industries Pty Ltd T/A EnerSys
(AG2024/98)
ICS INDUSTRIES – THOMASTOWN AND SOMERTON – ELECTRICAL ENTERPRISE AGREEMENT 2023 – 2027
| Electrical industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 7 FEBRUARY 2024 |
Application for approval of the ICS Industries – Thomastown and Somerton – Electrical Enterprise Agreement 2023 – 2027
An application has been made for approval of an enterprise agreement known as the ICS Industries – Thomastown and Somerton – Electrical Enterprise Agreement 2023 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Application has been made by ICS Industries Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act 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) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate from 26 February 2024, which is the date that the first full pay period after today’s date will commence, in accordance with s.54(1)(b) of the Act. I do not consider I can specify that the Agreement will commence operating from seven days after approval as sought by the CEPU, given the wording in clause 3.1 of the Agreement specifies a later date. I am concerned that would constitute a variation to the terms of the Agreement. The nominal expiry date of the Agreement is 31 March 2027.
COMMISSIONER
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