Interlec (WA) Pty Ltd

[2020] FWCA 2947

[2020] FWCA 2947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interlec (WA) Pty Ltd
(AG2020/1304)

INTERLEC (WA) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 4 JUNE 2020

Application for approval of the Interlec (WA) Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for the approval of an enterprise agreement known as the Interlec (WA) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interlec (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Interlec (WA) Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that the way in which Clause 7.1.1 is expressed to operate may be inconsistent with the National Employment Standards (NES). However, noting Clause 3.5.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement (and in particular, Clause 7.1.1) and the NES.

[4] I have reviewed the steps said to be taken by Interlec (WA) Pty Ltd to explain the terms of the agreement and the effect of the terms to the relevant employees and I am satisfied in relation to the explanation given at Q.2.7 of the Form F17. Further, I have particularly reviewed the terms of Clause 6.3 of the Agreement and the ways in which they apply to apprentices, shift workers and part time employees, as well as Schedule B of the Agreement. On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 June 2020. The nominal expiry date of the Agreement is 5 June 2024.

DEPUTY PRESIDENT

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