EPG Electrical Plumbing Group Pty Ltd

[2020] FWCA 894

[2020] FWCA 894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EPG Electrical Plumbing Group Pty Ltd
(AG2019/5070)

EPG ELECTRICAL PLUMBING GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 19 FEBRUARY 2020

Application for approval of the EPG Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by EPG Electrical Plumbing Group Pty Ltd (the Applicant) for approval of the Electrical Plumbing Group Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 30 January 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed undertakings addressing the concerns raised, on 31 January 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that clause 7.3 – Personal Leave is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 5.5.2 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.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 February 2024.

COMMISSIONER

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Attachment A