Terry’s Electrical Services Pty Ltd

[2022] FWCA 3400

[2022] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Terry’s Electrical Services Pty Ltd

(AG2022/3972)

Terry’s Electrical Services Pty Limited & ETU NSW/ACT Tweed Valley Hospital Project Agreement

Electrical contracting industry
DEPUTY PRESIDENT BELL	MELBOURNE, 3 OCTOBER 2022

Application for approval of the Terry’s Electrical Services Pty Limited & ETU NSW/ACT Tweed Valley Hospital Project Agreement

1. An application has been made for approval of an enterprise agreement known as the Terry’s Electrical Services Pty Limited & ETU NSW/ACT Tweed Valley Hospital Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Terry’s Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

1. Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Notice of Employee Representational Rights contained additional content (being paragraphs in regard to low paid authorisations and individual agreements) in error. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

1. While the Agreement states it shall operate from the date of lodgement with the Fair Work Commission, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 3 October 2022 and, in accordance with s.54, will operate from 10 October 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

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