TEC Operations Pty Ltd
[2024] FWCA 427
•31 JANUARY 2024
| [2024] FWCA 427 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
TEC Operations Pty Ltd
(AG2023/5481)
TEC OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2023
| Electrical contracting industry | |
| COMMISSIONER LIM | PERTH, 31 JANUARY 2024 |
Application for approval of the TEC Operations Pty Ltd Enterprise Agreement 2023
TEC Operations Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the TEC Operations Pty Ltd Enterprise Agreement 2023 (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.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the
Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 6 April 2023.
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 Agreement was approved on 31 January 2024 and, in accordance with s 54, will operate from 7 February 2024. The nominal expiry date of the Agreement is 31 January 2028.
COMMISSIONER
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