Positive Systems Pty Ltd T/A Sj Electric Vic/Tas

[2022] FWCA 1831

[2022] FWCA 1831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Positive Systems Pty Ltd T/A Sj Electric Vic/Tas

(AG2022/1666)

Positive Systems Pty Ltd Enterprise Agreement 2022 – 2026

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 JUNE 2022

Application for approval of the Positive Systems Pty Ltd Enterprise Agreement 2022 – 2026

1. Positive Systems Pty Ltd T/A Sj Electric Vic/Tas (the Applicant) has made an application for approval of an enterprise agreement known as the Positive Systems Pty Ltd Enterprise Agreement 2022 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 2 June 2022.

1. On 2 June 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought and received lodgement of agreement pre-approval materials, including the provision of the NERR and the agreement to voting employees, to ensure agreement pre-approval requirements were met. Chambers also sought and received further submissions on how the terms of the agreement were explained to employees.

·  Parties were notified that should the agreement be approved, clause 28.1(l)(ii) relating to annual leave may be an unenforceable deduction.

·  Clause 28.2 relating to public holidays and clause 25.1 relating to termination may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4 of the Agreement is deemed sufficient to resolve these NES concerns.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 6 June 2026.

COMMISSIONER

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