Oxford Electrical Group Pty Ltd

[2019] FWCA 6717

[2019] FWCA 6717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Oxford Electrical Group Pty Ltd
(AG2019/1671)

OXFORD GROUP ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 SEPTEMBER 2019

Application for approval of the Oxford Group Enterprise Agreement 2018.

[1] Oxford Electrical Group Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Oxford Group Enterprise Agreement 2018 (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.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] Clause 1.2 of the Agreement states the Agreement will operate from the first pay period that commences seven days after the agreement is approved. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 October 2019. The nominal expiry date of the Agreement is 27 September 2023.

DEPUTY PRESIDENT

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