Installation Theatrical Engineering Pty Ltd

[2024] FWCA 1543

[2024] FWCA 1543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Installation Theatrical Engineering Pty Ltd

(AG2024/1266)

INSTALLATION THEATRICAL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 26 APRIL 2024

Application for approval of the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Installation Theatrical Engineering Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 7.1.6 – Annual Leave; and

·   Clause 7.2.7 – Personal/Carer’s Leave

However, noting clause 5.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 26 April 2028.

DEPUTY PRESIDENT

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