National Cable Installations Pty Ltd

[2019] FWCA 8617

[2019] FWCA 8617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Cable Installations Pty Ltd
(AG2019/4803)

NATIONAL CABLE INSTALLATIONS PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2019

Application for approval of the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Cable Installations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clause 46 is inconsistent with the National Employment Standards as it states that termination on abandonment of employment operates retrospectively. Given the National Employment Standards precedence clause at clause 9(b) of the Agreement, I am satisfied that the more beneficial notice of termination entitlements of the NES will prevail.

[5] I note that the Agreement does not appear to provide for a minimum engagement of 2 hours for casual employees as provided for in clause 10.3(f) of the Electrical, Electronic and Communications Contracting Award 2010 (Award). Given that the rates of pay are significantly higher than the Award, I am satisfied that employees will remain better off overall.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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Annexure A