The Trustee for Abikhalil Family Trust T/A Gforce Technologies Pty Ltd
[2019] FWCA 1606
•12 MARCH 2019
| [2019] FWCA 1606 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for Abikhalil Family Trust T/A Gforce Technologies Pty Ltd
(AG2018/3829)
GFORCE TECHNOLOGIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2018
Electrical contracting industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 12 MARCH 2019 |
Application for approval of the Gforce Technologies Pty Ltd Single Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Gforce Technologies Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Abikhalil Family Trust T/A Gforce Technologies Pty Ltd. The Agreement is a single enterprise agreement.
[2] 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] I observe that clause 7.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement was approved on 12 March 2019 and, in accordance with s.54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 March 2023.
COMMISSIONER
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Annexure A
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