Watters Electrical Pty Ltd
[2024] FWCA 2979
•13 AUGUST 2024
| [2024] FWCA 2979 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Watters Electrical Pty Ltd
(AG2024/2877)
WATTERS ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 13 AUGUST 2024 |
Application for approval of the Watters Electrical Pty Ltd
An application has been made for approval of an enterprise agreement known as the Watters Electrical Pty Ltd Enterprise Agreement 2024 - 2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Watters Electrical Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
Noting clause 3.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This term will ensure that the compassionate leave entitlements relating to miscarriage and stillbirth which appear in the NES are provided to employees under the Agreement.
The Applicant has confirmed the intended cross-reference in Appendix D, clause 6.2 of the Agreement is clause 20 – Training.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 13 August 2028.
COMMISSIONER
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