McQuinn Electrical Pty Ltd

[2024] FWCA 3725

[2024] FWCA 3725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McQuinn Electrical Pty Ltd

(AG2024/3665)

MCQUINN ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 25 OCTOBER 2024

Application for approval of the McQuinn Electrical Pty Ltd Enterprise Agreement 2024-2028

1. McQuinn Electrical Pty Ltd has applied for approval of an enterprise agreement known as the McQuinn Electrical Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. I observe that the Agreement includes conversion from casual to permanent employment but does not make note of the new employee choice pathway provisions contained within the National Employment Standards (NES). However, the Agreement contains clause 5.13.2, which gives precedence to the NES. So, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 November 2024.

1. In accordance with clause 3.1 of the Agreement, the nominal expiry date of the Agreement is 1 November 2028.

COMMISSIONER

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