NXGen Cabling Pty Ltd
[2023] FWCA 2201
•17 JULY 2023
| [2023] FWCA 2201 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
NXGen Cabling Pty Ltd
(AG2023/2263)
NX GEN CABLING PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 17 JULY 2023 |
Application for approval of the NX Gen Cabling Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the NX Gen Cabling Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NXGen Cabling Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 16 of the Agreement provides that the National Employment Standards (NES) apply at all times to an Employee(s) covered by the Agreement and that where the NES provides, or is varied to provide, a benefit, condition, or entitlement more favourable in a particular respect than that contained in this Agreement, the benefit or condition or entitlement contained in this Agreement shall be overridden to the extent of any less favourable inconsistency with the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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