The trustee for Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd
[2023] FWCA 2436
•4 AUGUST 2023
| [2023] FWCA 2436 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The trustee for Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd
(AG2023/2463)
SELECTIVE SWITCHBOARDS PTY LTD ENTERPRISE AGREEMENT 2023-2027
| Electrical contracting industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 4 AUGUST 2023 |
Application for approval of the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027
An application has been made for approval of an enterprise agreement known as the Selective Switchboards Pty Ltd Enterprise Agreement 2023-2027 (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 Tkatchyk Family Trust T/A Selective Switchboards Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that 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 Fair Work Act, as it was just 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 before 6 June 2023. The Agreement was made on or after 6 June 2023.
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 Applicant filed a previous version of the F17 Form in support of this application and not the correct form. I consider it appropriate to waive the irregularity in the form in which the application was made under s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2023. The nominal expiry date of the Agreement is 4 August 2027.
DEPUTY PRESIDENT
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