Industrial Fire & Electrical Pty Ltd

Case

[2024] FWCA 3550

9 OCTOBER 2024


[2024] FWCA 3550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Fire & Electrical Pty Ltd

(AG2024/3607)

INDUSTRIAL FIRE & ELECTRICAL PTY. LTD. ENTERPRISE AGREEMENT

Electrical contracting industry

COMMISSIONER SLOAN

SYDNEY, 9 OCTOBER 2024

Application for approval of the Industrial Fire & Electrical Pty Ltd Enterprise Agreement 2024 - 2028

  1. Industrial Fire & Electrical Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Industrial Fire & Electrical Pty. Ltd. Enterprise Agreement 2024-2028 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

  2. The Employer identifies 8 April 2024 as the notification time within the meaning of s 173(2) of the Act. The notice of employee representational rights was not provided to employees until 17 May 2024, which was later than the time mandated by s 173(3). However, on the material available to me I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees 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 of the Act.

  3. On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

  4. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 16 October 2024. The nominal expiry date of the Agreement is 30 June 2028.


COMMISSIONER

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