One Diversified (Aust.) Pty Ltd T/A Diversified

[2024] FWCA 3276

[2024] FWCA 3276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

One Diversified (Aust.) Pty Ltd T/A Diversified

(AG2024/3157)

APPLICATION FOR THE APPROVAL OF THE ONE DIVERSIFIED (AUST.) PTY LTD ACT SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 SEPTEMBER 2024

Application for the Approval of the One Diversified (Aust.) Pty Ltd ACT Single Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the One Diversified (Aust.) Pty Ltd ACT Single Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by One Diversified (Aust.) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 10 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

1. The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 26A, Workplace delegates’ rights, in the Electrical, Electronic and Communications Contracting Award 2020 is to be taken be taken to be a term of the Agreement.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 September 2026 (being 2 years after the date of approval).

DEPUTY PRESIDENT

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