New Era Electrical Services (AUS) Pty Limited T/A New Era Electrical Services (AUS) Pty Limited

[2020] FWCA 3407

[2020] FWCA 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Era Electrical Services (AUS) Pty Limited T/A New Era Electrical Services (AUS) Pty Limited
(AG2020/1583)

NEW ERA ELECTRICAL SERVICES (AUS) PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JUNE 2020

Application for approval of the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020.

[1] New Era Electrical Services (AUS) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the New Era Electrical Services (AUS) Pty Limited Single Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the 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] I observe that clause 9.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.11 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 29 June 2020 and, in accordance with s 54, will operate from 6 July 2020. The nominal expiry date of the Agreement is 29 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508395  PR720588>

Annexure A