QA Electrical Industrial Services Pty Ltd T/A QA Electrical Industrial Services
[2021] FWCA 1433
•17 MARCH 2021
| [2021] FWCA 1433 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
QA Electrical Industrial Services Pty Ltd T/A QA Electrical Industrial Services
(AG2021/3956)
QA ELECTRICAL INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024
Electrical contracting industry | |
COMMISSIONER CIRKOVIC | MELBOURNE, 17 MARCH 2021 |
Application for approval of the QA Electrical Industrial Services Pty Ltd Enterprise Agreement 2020 - 2024.
[1] An application has been made for approval of an enterprise agreement known as the QA Electrical Industrial Services 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 QA Electrical Industrial 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.
[3] On the basis of the material contained in the application and accompanying 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.
[4] I observe that the clause 8.1.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.10 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement was approved on 17 March 2021 and, in accordance with s.54, will operate from 24 March 2021. The nominal expiry date of the Agreement is 17 March 2025.
COMMISSIONER
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ANNEXURE A
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