T&C Services Pty Ltd

Case

[2023] FWCA 110

12 JANUARY 2023


[2023] FWCA 110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T&C Services Pty Ltd

(AG2022/5285)

PROGRAMMED INDUSTRIAL MAINTENANCE NSW SOUTH – WOLLONGONG AND SYDNEY REGIONS ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 12 JANUARY 2023

Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T&C Services Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that clause 13.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 12 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518861  PR749595>

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