Stenzel Technology Enterprises Pty Ltd

[2024] FWCA 2668

[2024] FWCA 2668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stenzel Technology Enterprises Pty Ltd

(AG2024/2457)

STENZEL TECHNOLOGY ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 30 JULY 2024

Application for approval of the Stenzel Technology Enterprises Pty Ltd Enterprise Agreement 2024-2028.

1. Stenzel Technology Enterprises Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Stenzel Technology Enterprises Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 27 May 2024 and the Agreement was made on 28 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and 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, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that clause 7.3 regarding compassionate leave is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5.14.2 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.

1. The Agreement was approved on 30 July 2024 and, in accordance with s.54, will operate from 6 August 2024. The nominal expiry date of the Agreement is 30 July 2028.

COMMISSIONER

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Annexure A