Overhead Distribution Services Pty Ltd

Case

[2022] FWCA 4268

5 DECEMBER 2022


[2022] FWCA 4268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Overhead Distribution Services Pty Ltd

(AG2022/4959)

Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2022-2024

Electrical contracting industry

COMMISSIONER HUNT

BRISBANE, 5 DECEMBER 2022

Application for approval of the Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2022-2024

  1. Overhead Distribution Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Overhead Distribution Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

  1. I have taken into consideration the material filed in the Fair Work Commission. 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) being a bargaining representative for the Agreement has given 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 that the Agreement covers the ETU. 

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022.  The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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