JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd
[2023] FWCA 2773
•30 AUGUST 2023
| [2023] FWCA 2773 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd
(AG2023/2576)
JCL ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2022
| Electrical contracting industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 30 AUGUST 2023 |
Application for variation of the JCL Electric's Pty Limited Single Enterprise Agreement 2022
An application has been made for approval of a variation to the JCL Electric’s Pty Limited Single Enterprise Agreement 2022 (the Agreement). The application was made by JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary a clause of the Agreement. A signed copy of the Agreement containing the variation was submitted to Commission. The variation changes clause 3.1 of the Agreement to read as follows:
This Agreement shall come into operation seven days following its approval by the FWC. The Agreement has a nominal expiry date of Sunday 30th June 2024.
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
I observe that certain provisions of the Agreement concerning Abandonment of employment, Withholding NES entitlements on termination and Compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.7.2 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.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 30 August 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516384 PR765646>
0
0
0