WR & EL Jones Electrical Contractors Pty Ltd

[2024] FWCA 3218

[2024] FWCA 3218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WR & EL Jones Electrical Contractors Pty Ltd

(AG2024/3170)

WR & EL JONES ELECTRICAL CONTRACTORS PTY LTD & ETU ESSO ELECTRICAL ONSHORE AND OFFSHORE MAINTENANCE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2024

Application for approval of the WR & EL Jones Electrical Contractors Pty Ltd & ETU Esso Electrical Onshore and Offshore Maintenance Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the WR & EL Jones Electrical Contractors Pty Ltd & ETU Esso Electrical Onshore and Offshore Maintenance Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WR & EL Jones Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

1. 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. The notification time for the Agreement under s.173(2) was 3 May 2024 and the Agreement was made on 6 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

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