National Electrical Contracting Pty Ltd T/A Kirk Industrial

[2019] FWCA 1453

[2019] FWCA 1453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Electrical Contracting Pty Ltd T/A Kirk Industrial
(AG2019/103)

KIRK INDUSTRIAL ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2019

Application for approval of the Kirk Industrial Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Kirk Industrial Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Electrical Contracting Pty Ltd T/A Kirk Industrial. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 March 2019 and, in accordance with s.54, will operate from 13 March 2019. The nominal expiry date of the Agreement is 5 March 2023.

DEPUTY PRESIDENT

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Annexure A