Prior Electrical Services Pty Ltd

[2021] FWCA 4192

[2021] FWCA 4192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prior Electrical Services Pty Ltd
(AG2021/5803)

PRIOR ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 JULY 2021

Application for approval of the Prior Electrical Services Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Prior Electrical Services Pty Ltd Single Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prior Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.4.4 – Deductions.

•  Clause 7.6.5 – Public Holidays.

•  Clause 9.1.6 – Termination of Employment.

However, noting clause 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 the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2021. The nominal expiry date of the Agreement is 15 July 2025.

COMMISSIONER

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Annexure A