Nixon Marketing Pty Ltd T/A Nixon Marketing Pty Ltd

[2024] FWCA 3287

[2024] FWCA 3287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nixon Marketing Pty Ltd T/A Nixon Marketing Pty Ltd

(AG2024/3164)

NIXON MARKETING PTY LTD ENTERPRISE AGREEMENT 2024-2025

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Nixon Marketing Pty Ltd Enterprise Agreement 2024-2025

1. Nixon Marketing Pty Ltd T/A Nixon Marketing Pty Ltd has applied for approval of an enterprise agreement known as the Nixon Marketing Pty Ltd Enterprise Agreement 2024-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 20.4

·Clause 19.1(c)

However, noting clause 3.1(b) 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.

1. The Agreement does not contain a comprehensive delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

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