Oxford Electrical Group Pty Ltd
[2023] FWCA 2088
•7 JULY 2023
| [2023] FWCA 2088 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Oxford Electrical Group Pty Ltd
(AG2023/2126)
OXFORD GROUP ENTERPRISE AGREEMENT 2023
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 7 JULY 2023 |
Application for approval of the Oxford Group Enterprise Agreement 2023
Introduction
Oxford Electrical Group Pty Ltd and Oxford Electrical Contractors Pty Ltd (the Employers) have made an application for approval of an enterprise agreement known as the Oxford Group Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 15 June 2023.
Single interest employers
The Employers provided submissions that they are single interest employers in accordance with s.172(5) of the Act.
On the basis of the Employers’ submissions, I am satisfied that the requirements of s.172(5) have been met and the Employers can be covered under a single enterprise agreement as single interest employers.
Section 186, 187, 188 and 190
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 7 July 2027.
DEPUTY PRESIDENT
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