Kerfoot Pty Ltd

[2023] FWCA 133

[2023] FWCA 133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kerfoot Pty Ltd

(AG2022/5330)

KERFOOT PTY LTD SINGLE ENTERPRISE AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 JANUARY 2023

Application for approval of the Kerfoot Pty Ltd Single Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Kerfoot Pty Ltd Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kerfoot Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 13 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

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 Act, as are relevant to this application for approval, have been met.

1. 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 23 January 2023. The nominal expiry date of the Agreement is 16 January 2027.

DEPUTY PRESIDENT

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Annexure A