Pathway Communications Pty Ltd

[2024] FWCA 1195

[2024] FWCA 1195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pathway Communications Pty Ltd

(AG2024/761)

PATHWAY COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2024

Application for approval of the Pathway Communications Pty Ltd Single Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Pathway Communications Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pathway Communications Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 9.1.7 – Notice of Termination.

However, noting clause 5.8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 3 April 2028.

COMMISSIONER

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