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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, QA Electrical Industrial Services Pty Ltd, trading as QA Electrical Industrial Services, applied for approval of their Enterprise Agreement 2020 - 2024. The application was contested by a number of unions, who argued that the proposed agreement failed to meet certain statutory requirements and was not in the best interests of the employees covered by the agreement. The dispute centred on several aspects of the proposed agreement, including the classification of employees, the terms of employment, and the dispute resolution provisions.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant statutory provisions and whether it was in the best interests of the employees. The Commission had to consider the content of the proposed agreement in light of the Fair Work Act 2009, the Fair Work Regulations 2009, and relevant precedents. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment for the employees, taking into account the parties' bargaining positions and the overall context of the agreement.

The Commission carefully examined the proposed agreement and considered the submissions made by both parties. It found that the agreement contained provisions that complied with the statutory requirements and was in the best interests of the employees. The Commission was satisfied that the proposed classification of employees was reasonable and that the terms and conditions of employment were fair and reasonable, taking into account the context of the agreement and the bargaining positions of the parties. The Commission also found that the dispute resolution provisions were appropriate and would facilitate the resolution of any future disputes. Accordingly, the Commission approved the proposed agreement.

The Commission's decision was based on a detailed analysis of the proposed agreement and the relevant legal principles. The Commission found that the proposed agreement was compliant with the statutory requirements and was in the best interests of the employees. The Commission approved the Enterprise Agreement 2020 - 2024, which will now apply to the employees covered by the agreement. The unions' objections were dismissed, and the application for approval was granted.

QA Electrical Industrial Services Pty Ltd T/A QA Electrical Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established