S.J. Electric (SA) Pty Ltd
[2024] FWCA 1776
•17 MAY 2024
| [2024] FWCA 1776 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
S.J. Electric (SA) Pty Ltd
(AG2024/1459)
S.J. ELECTRIC (SA) PTY LTD ENTERPRISE AGREEMENT 2024-2028
| Electrical contracting industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 17 MAY 2024 |
Application for approval of the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2024-2028
S.J. Electric (SA) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, 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.
The copy of the notice of employee representational rights (NERR) lodged by the Applicant with its application for the approval of the Agreement was the NERR prescribed by Schedule 2.1 of the regulations immediately before the 6 June 2023 reforms (old NERR). The correct NERR for this Agreement was the one prescribed by Schedule 2.1 of the regulations that took effect from 6 June 2023. The Applicant mistakenly used the old NERR, but had made no other changes to it, other than the text required by it including the employer’s name and the name of the enterprise agreement. I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s 174(1A) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s 188(5) of the Act.
The Agreement was approved on 17 May 2024 and, in accordance with s 54, will operate from 24 May 2024. The nominal expiry date of the Agreement is 17 May 2028.
DEPUTY PRESIDENT
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