Leahy’s Electrical Contracting Pty Ltd

[2023] FWCA 607

[2023] FWCA 607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leahy’s Electrical Contracting Pty Ltd

(AG2023/349)

Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3277) & ETU Enterprise Agreement 2022 – 2026

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026

1. An application has been made for approval of an enterprise agreement known as the Leahy’s Electrical Contracting Pty Ltd Site Specific (Saputo Dairy Australia 5331 Great Ocean Road Allansford VIC 3227) & ETU Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leahy’s Electrical Contracting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the Agreement but does not wish to be covered by the Agreement. I note that the Agreement does not cover the organisation.

2. The Agreement was approved on 28 February 2023 and, in accordance with s.54, will operate from 7 March 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

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