Tad-Mar Electrical Pty Ltd
[2023] FWCA 861
•22 MARCH 2023
| [2023] FWCA 861 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tad-Mar Electrical Pty Ltd
(AG2023/524)
TAD-MAR ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2023
| Electrical Contracting Industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 22 MARCH 2023 |
Application for approval of the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Tad-Mar Electrical Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tad-Mar Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have been placed on the Applicant’s letterhead and signed by the General Manager of the Applicant. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 March 2027.
DEPUTY PRESIDENT
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Annexure A
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