Perigon (NSW) Pty Ltd
[2023] FWCA 1985
•30 JUNE 2023
| [2023] FWCA 1985 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Perigon (NSW) Pty Ltd
(AG2023/1930)
PERIGON (NSW) PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical contracting industry | |
| COMMISSIONER PERICA | MELBOURNE, 30 JUNE 2023 |
Application for approval of the Perigon (NSW) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Perigon (NSW) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.
Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the 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 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 this Agreement was before 6 June 2023.
Under the transitional arrangements, the amendments made to the better off overall test requirements for agreement approval applications, by Part 16 of Schedule 1 to the Amending Act, apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was 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 2 June 2023.
The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note under s.201(3) of the Act that the undertaking is taken to be a term of the Agreement.
Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Communications, Electrical, Electronic, Energy, Information, Postal and Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. I note the Agreement covers the organisation under s.201(2) of the Act.
The Agreement was approved today, 30 June 2023. The Agreement will operate from 7 July 2023 as required by s.54 of the Act. The nominal expiry date is 31 October 2025.
COMMISSIONER
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Annexure A
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