QA Electrical Projects Pty Ltd
[2024] FWCA 703
•22 FEBRUARY 2024
| [2024] FWCA 703 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
QA Electrical Projects Pty Ltd
(AG2024/239)
QA ELECTRICAL PROJECTS PTY LTD ENTERPRISE AGREEMENT 2023-2027
| Electrical contracting industry | |
| COMMISSIONER TRAN | MELBOURNE, 22 FEBRUARY 2024 |
Application for approval of the QA Electrical Projects Pty Ltd Enterprise Agreement 2023-2027.
QA Electrical Projects Pty Ltd has applied for approval of an enterprise agreement known as the QA Electrical Projects Pty Ltd Enterprise Agreement 2023-2027 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).
The Agreement is a single enterprise agreement.
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.
I note that Clause 15.2 may be inconsistent with the National Employment Standards as it may be less beneficial than s 117 of the Act. Given the National Employment Standards precedence clause at Clause 5.10.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
Subject to the undertakings and other matters 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 February 2024.
In accordance with Clause 3.2, the nominal expiry date of the Agreement is 21 February 2028.
COMMISSIONER
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Annexure A
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