4 Hundred Electrical Pty Ltd

[2019] FWCA 5033

[2019] FWCA 5033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

4 Hundred Electrical Pty Ltd
(AG2019/2036)

4 HUNDRED ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JULY 2019

Application for approval of the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 4 Hundred Electrical Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 4 Hundred Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.1.8 - Payment of Wages;

•  Clause 7.2 – Personal/Carer’s Leave;

•  Clause 8.1.7 – Notice of Termination.

However, noting clause 5.14.2 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 26 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504518  PR710495>