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Fair Work Act 2009
s.185—Enterprise agreement
PROAB Electrical Pty Ltd
(AG2014/335)
PROAB ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-
2018
Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK BRISBANE, 13 MAY 2014
Application for approval of the PROAB Electrical Pty Ltd Enterprise Agreement 2014 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the
PROAB Electrical Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made
by PROAB Electrical Pty Ltd. The agreement is a single enterprise agreement.
[2] The Applicant 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.
[4] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.
[5] The notice of employee representational rights issued by the Applicant to employees
of PROAB Electrical Pty Ltd did not strictly comply with the prescribed form as required
under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead of “Fair
Work Commission”. It is obvious that the Applicant had used the form approved prior to 1
January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901 applies
to the notice with the consequence that reference to “Fair Work Australia” is taken to be of
reference to “Fair Work Commission”. The provisions of s. 174 do not express a contrary
intention which would have the result that s. 25B not apply. In the circumstances I am also
satisfied the issuing of the notice in the form pre-2013 did not have any effect on the
employee’s rights to appoint a bargaining representative.
[2014] FWCA 3137
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 3137
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[6] The Agreement was approved on 13 May 2014 and, in accordance with s. 54, will
operate from 20 May 2014. The nominal expiry date of the Agreement is 13 May 2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, AE408087 PR550516
THE SEAL OF TA MMISSION
[2014] FWCA 3137
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Annexure A
PROAB THE POWER OF CHOTEK Sulte 1/19 Scoresby Rd, Bayswater P.O. Box 2012 Bayswater 3153 @ Ph: (03) 97382898 @ Fax: (03) 97382839 www.proabelectrical.com 17 April 2014 ABN: 36 124 051 341 REC: 17505 Deputy President Gostencnik Fair Work Commission
11 Exhibition Street Melbourne VIC 3001 Dear Deputy President, RE: Proab Electrical Pty Ltd Enterprise Agreement 2014 - 2018 I refer to your email dated 15 April 2014 in relation to the above Agreement and advise that in order to satisfy your concern raised in the correspondence Proab Electrical Pty Ltd will provide the following undertakings with respect to the Agreement: 1. The Company will apply the model consultation term in the Fair Work Act/Regulations as it applies from 1 January 2014, as if it is incorporated in the Enterprise Agreement. 2. A shift worker for the purpose of the National Employment Standards as described in the Electrical, Electronic and Communications Contracting Award 2010, is also a shift worker for that purpose under the Agreement. I trust that the above satisfies the concerns you raised. Yours faithfully 9.2H Andrew Bennett Director Proab Electrical Pty Ltd
