Application for approval of the Fredon ACT Pty Ltd Construction Enterprise Agreement 2024

[1] Fredon (ACT) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Fredon ACT Pty Ltd Construction Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award).

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[4] Clause 29.2 of the Agreement provides that the dispute settlement procedure may only be used for disputes about the Agreement. This appeared to be inconsistent with s.186(6)(a) of the Act which provides that an agreement must include a term to settle disputes about any matters arising under the Agreement and the NES.

[5] The Employer provided written undertaking to address the above issue in relation to the Dispute Settlement Term. A copy of the undertakings is attached in Schedule G of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[6] Subject to the undertaking 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[8] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the Agreement is 31 March 2027.

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