Louca Electrical Pty Ltd T/A Louca Electrical Pty Ltd

[2019] FWCA 6825

[2019] FWCA 6825

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Louca Electrical Pty Ltd T/A Louca Electrical Pty Ltd

(AG2019/3261)

Louca Electrical Pty Ltd Single Enterprise Agreement 2019

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 3 OCTOBER 2019

Application for approval of the Louca Electrical Pty Ltd Single Enterprise Agreement 2019.

1. An application has been made for approval of an enterprise agreement known as the Louca Electrical Pty Ltd Single Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Louca Electrical Pty Ltd T/A Louca Electrical Pty Ltd. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 September 2019.

1. On 20 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 2 September 2019.

1. The Applicant has submitted an undertaking in the required form dated 26 September 2019. The undertaking deals with the following topics:

·   The Applicant has inserted a National Employment Standards (NES) precedence clause.

·   Casual employees are entitled to a 25% causal loading and will be engaged for a minimum of 2 consecutive hours per shift.

·   Leave loading will be paid on annual leave taken or paid out on top of any remaining annual leave upon termination/resignation.

·   Annual leave and personal leave will accrue progressively according to an employee’s ordinary hours of work.

·   The nominal expiry date will be 4 years from the date of approval by the Commission.

·   Any deductions from final pay will be made in accordance with s.324 and 326 of the Act.

·   Employees will be able to cash out annual leave as long as the employee is not left with an amount of less than 4 weeks annual leave remaining.

·   Should the employer choose to terminate an apprentice’s employment due to cancellation of their training contract the apprentice will be given appropriate notice.

·   Money withheld from employees due to their failure to give notice will be reduced by the amount of notice given.

·   Apprentice rates are as follows:

1. No bargaining representatives were appointed.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. Employees were notified of the vote by telephone on 5 August 2019 and the vote began on 12 August 2019. Although employees were not notified seven clear days before the commencement of the vote, given there is only a one day difference I am satisfied under s.188(2) of the Act that this is a procedural or technical error that did not disadvantage the employees, and accordingly, there has been a genuine agreement.

1. 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.

1. 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 2 October 2023.

COMMISSIONER

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