Northside Electrical Service & Maintenance Pty Ltd

[2024] FWCA 3083

[2024] FWCA 3083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Northside Electrical Service & Maintenance Pty Ltd

(AG2024/2904)

NORTHSIDE ELECTRICAL SERVICE & MAINTENANCE PTY LTD

Enterprise Agreement 2024-2028

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 23 AUGUST 2024

Application for approval of the Northside Electrical Service & Maintenance Pty Ltd Enterprise Agreement 2024-2028

[1]      An application has been made for approval of an enterprise agreement known as the Northside Electrical Service & Maintenance Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northside Electrical Service & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2]      I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3]      Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020[1] is taken to be a term of the Agreement.

[4]      I observe that clauses 4.3.6 and 7.1.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.14.2 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 is approved and in accordance with s.54, will operate from 30 August 2024. The nominal expiry date of the Agreement is 23 August 2028.

COMMISSIONER

[1]  [MA000025]

Printed by authority of the Commonwealth Government Printer

<AE525891  PR778591>