Nisbet Security Systems Pty Ltd

[2021] FWCA 1758

[2021] FWCA 1758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nisbet Security Systems Pty Ltd
(AG2021/4303)

NISBET SECURITY SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2021

Application for approval of the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nisbet Security Systems Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The employer provided the last Notice of Employee Representational Rights (NOERR) to employees 24 days after notification time, more than the 14 days prescribed by s.173(3) of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Agreement was approved on 31 March 2021 and, in accordance with s.54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 30 March 2025.

COMMISSIONER

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