Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC

[2019] FWCA 5239

[2019] FWCA 5239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC
(AG2019/2151)

RUSSEL BOYLE ELECTRICAL SERVICES (AUST) PTY LTD TRADING AS AES VIC ENTERPRISE AGREEMENT - 2019/2023

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 JULY 2019

Application for approval of the Russell Boyle Electrical Services (Aust) Pty Ltd Trading as AES VIC Enterprise Agreement - 2019/2023.

[1] An application has been made for approval of an enterprise agreement known as the Russell Boyle Electrical Services (Aust) Pty Ltd Trading as AES VIC Enterprise Agreement - 2019/2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Boyle Electrical Services (Aust) Pty Ltd T/A AES VIC. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 26 July 2019 and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A