NCI Contracting Pty Ltd
[2024] FWCA 2436
•1 JULY 2024
| [2024] FWCA 2436 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NCI Contracting Pty Ltd
(AG2024/2303)
NATIONAL CABLE INSTALLATIONS AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 JULY 2024 |
Application for approval of the National Cable Installations and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026
NCI Contracting Pty Ltd (NCI) has made an application for approval of an enterprise agreement known as the National Cable Installations and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement that covers NCI and a related entity.
While the application is generally in order, employees were given a copy of the notice of employee representational rights (NERR) which cited the incorrect trading name of the employer entities. However, I am satisfied that there was no doubt as to the identity of the employers and that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a). Employees covered by the Agreement were not disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 1 July 2024.
DEPUTY PRESIDENT
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