Newco Energy Group Pty Ltd T/A Newco Energy Group
[2023] FWCA 1097
•17 APRIL 2023
| [2023] FWCA 1097 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Newco Energy Group Pty Ltd T/A Newco Energy Group
(AG2023/776)
NEWCO ENERGY GROUP PTY LTD ELECTRICAL CONTRACTING ENTERPRISE AGREEMENT 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 17 APRIL 2023 |
Application for approval of the Newco Energy Group Pty Ltd Electrical Contracting Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Newco Energy Group Pty Ltd Electrical Contracting Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newco Energy Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 14 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
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