Proficient Fire Protection Pty Ltd
[2022] FWCA 1652
•19 MAY 2022
| [2022] FWCA 1652 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Proficient Fire Protection Pty Ltd
(AG2022/1326)
Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 19 MAY 2022 |
Application for approval of the Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025.
Proficient Fire Protection Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Proficient Fire Protection Pty Ltd Electrical Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, 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. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 19 May 2022 and, in accordance with s.54, will operate from 26 May 2022. The nominal expiry date of the Agreement is 1 July 2025.
COMMISSIONER
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