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Fair Work Act 2009
s.185—Enterprise agreement
Bromar Electrical Services (Aust) Pty Ltd
(AG2014/802)
BROMAR ELECTRICAL SERVICES (AUST) PTY LTD ENTERPRISE
AGREEMENT 2014 - 2018
Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK CANBERRA, 20 MAY 2014
Application for approval of the Bromar Electrical Services (Aust) Pty Ltd Enterprise
Agreement 2014 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the
Bromar Electrical Services (Aust) 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 Bromar Electrical Services (Aust) 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 Bromar Electrical Services (Aust) 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
[2014] FWCA 3331
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 3331
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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.
[6] The Agreement was approved on 20 May 2014 and, in accordance with s.54, will
operate from 27 May 2014. The nominal expiry date of the Agreement is 20 May 2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, AE408230 PR550798
FAIR WORK THE MMISSION SEAL OF TA
[2014] FWCA 3331
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Annexure A
BROMAR ELECTRICAL SERVICES## ABN: 15 110 700 335 ACN: 116 106 711 REC: 17364 19 May 2014 Deputy President Gostencnik Fair Work Commission 11 Exhibition Street Melbourne VIC 3001 Dear Deputy President, RE: Bromar Electrical Services (Aust) Pty Ltd Enterprise Agreement 2014 - 2018 I refer to your email dated 16 May 2014 in relation to the above Agreement and advise that in order to satisfy your concern raised in the correspondence Bromar Electrical Services (Aust) Pty Ltd will provide the following undertaking with respect to the Agreement: 1. A shiftworker for the purpose of the National Employment Standards as described in the Electrical, Electronic and Communications Contracting Award 2010, is also a shiftworker for that purpose under the Agreement. 2. The Con
company will apply the model consultation term in the Fair Work Regulations as it applies from 1 January 2014, as if it is incorporated in the Enterprise Agreement. I trust that the above satisfies the concerns you raised. Yours faithfully Andrew Brock Director Bromar Electrical Services (Aust) Pty Ltd 2/98-108 WESTERN AVE, WESTMEADOWS VIC 3049 agement ISO 9001 ent - ISO14001 PH: +61 3 9335 5344 FAX: +61 3 9335 5322 EMAIL: ADMIN@BROMAR.COM.AU Antal BAU3 Quality Ma SPECIALISTS IN INDUSTRIAL ELECTRICAL SOLUTION Global-Mark.com.au Global-Mark.com.au
