New Wave Electrical Contractors Pty Ltd T/A New Wave Electrical Contractors Pty Ltd

[2022] FWCA 2313

[2022] FWCA 2313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

New Wave Electrical Contractors Pty Ltd T/A New Wave Electrical Contractors Pty Ltd

(AG2022/1938)

New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2022 -2026

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JULY 2022

Application for approval of the New Wave Electrical Contractors Pty Ltd Enterprise Agreement 2022 -2026

1. An application has been made for approval of an enterprise agreement known as the New Wave Electrical Contractors Pty Ltd 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 New Wave Electrical Contractors Pty Ltd T/A New Wave Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

2. I observe that clause 7.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at section 5.11.2, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and in accordance with s.54, will operate from 20 July 2022. The nominal expiry date of the Agreement is 12 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516625  PR743669>