Metrowest Electrical & Communications Pty Ltd

[2019] FWCA 6555

[2019] FWCA 6555

FAIR WORK COMMISSION

DECISION

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

Metrowest Electrical & Communications Pty Ltd
(AG2019/2863)

METROWEST ELECTRICAL & COMMUNICATIONS ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 19 SEPTEMBER 2019

Application for approval of the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Metrowest Electrical & Communications Pty Ltd (the Applicant) for approval of the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 26 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings addressing the concerns raised, on 30 August 2019. Amended undertakings were provided to Chambers on 10 September 2019.

[4] The undertakings dated 10 September 2019 meets 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 also observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.1.1. – Annual Leave;

•  Clause 7.2.3. – Personal/Carer’s Leave; and

•  Clause 8.1.7. – Termination.

[6] However, noting clause 3.5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5] and [6], 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.

[8] The Agreement lodged contained a typographical error at clause 7.7.5. On 30 August 2019, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act, along with an amended copy of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.2.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505393  PR712585>

Attachment A