Qa Electrical Industrial Services Pty Ltd Trading AS Qa Electrical

[2025] FWCA 1683

[2025] FWCA 1683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qa Electrical Industrial Services Pty Ltd Trading AS Qa Electrical

(AG2025/1405)

QA ELECTRICAL INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
COMMISSIONER CONNOLLY	MELBOURNE, 26 MAY 2025

Application for approval of the QA Electrical Industries Services Pty Ltd Enterprise Agreement 2024 - 2028

1. An application has been made for approval of an enterprise agreement known as the QA Electrical Industrial Services Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by QA Electrical Industrial Services Pty Ltd trading as QA Electrical (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 13 May 2025.

1. The notification time for the Agreement under s.173(2) was 5 March 2025 and the Agreement was made on 28 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

1. On 16 May 2025, the Employer was invited to address aspects of the Agreement.

1. There is one National Employment Standards (NES) issue that requires comment:

· Termination: Clause 8.1.7 provides that if an Employee who is at least 18 years old does not give the period of notice required in clause 8.1.2, then the Employer may deduct from wages due to the Employee, the amount equivalent to notice not served, in accordance with the Award and FW Act, and not more than 1 week’s wages. This raises the issue that Clause 8.1.7 may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act

1. Clause 5.10 of the Agreement acts as an effective NES precedence clause, in that it states that “[w]here there is inconsistency between the terms of this Agreement and the terms of the NES, the NES will prevail except where a specific term of the Agreement is more beneficial and/or, where it is allowable under the NES.” As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 26 May 2029.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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