[2018] FWCA 6764 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
C&J Richards Family Trust T/A C.R Electrical Solutions Pty Ltd
(AG2018/3516)
C.R ELECTRICAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022
Electrical contracting industry | |
DEPUTY PRESIDENT MASSON |
MELBOURNE, 1 NOVEMBER 2018 |
Application for approval of the C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022.
[1] An application has been made for approval of an enterprise agreement known as the C.R Electrical Solutions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C&J Richards Family Trust T/A C.R Electrical Solutions 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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):
● Clause 4 – Casual employees;
● Clause 5.1.8- Termination Payment;
● Clause 7.2.2 – Annual Leave.
However, noting clause 5.14 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.
[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500653 PR701979>
Annexure A