Prosys Services Pty Ltd

[2020] FWCA 4950

[2020] FWCA 4950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosys Services Pty Ltd
(AG2020/2404)

PROSYS SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Prosys Services Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Prosys Services Pty Ltd has applied for approval of a single enterprise agreement known as the Prosys Services Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the amended application and further information provided on request of the Commission, 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.

[6] The Agreement was approved on 16 September 2020 and, in accordance with s.54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 1 May 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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