John Courtney Trading As J A Courtney Electrical Pty Limited

[2025] FWCA 954

[2025] FWCA 954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Courtney Trading As J A Courtney Electrical Pty Limited

(AG2025/487)

J A COURTNEY ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2025-2028

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 19 MARCH 2025

Application for approval of the J A Courtney Electrical Pty Limited Single Enterprise Agreement 2025-2028

1. J A Courtney Electrical Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

1. The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 March 2025. The nominal expiry date of the Agreement is 19 March 2029.

Section 218A variation to correct or amend errors, defects or irregularities

1. Clauses 1 and 2 of the Agreement state the name/title of the Agreement as the J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2024.

1. After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.

1. Accordingly, clauses 1 and 2 of the Agreement are varied to remove “J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2024” wherever that appears and inserting in its place “J A Courtney Electrical Pty Ltd Single Enterprise Agreement 2025-2028.”

1. This variation will operate from 19 March 2025. 

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

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