Sommerville Electric Pty Ltd

[2019] FWCA 7874

[2019] FWCA 7874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sommerville Electric Pty Ltd
(AG2019/2101)

SOMMERVILLE ELECTRIC PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 NOVEMBER 2019

Application for approval of the Sommerville Electric Pty Limited Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Sommerville Electric Pty Limited Single Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Sommerville Electric Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 31 July 2019. Those undertakings are attached at Annexure A to this decision. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I note that those undertakings become terms of 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 26 November 2023.

[6] This Decision is to be read in conjunction with my Reasons for Decision in [2019] FWC 7876.

DEPUTY PRESIDENT

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Annexure A