QA Electrical Projects Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of QA Electrical Projects Pty Ltd involved an application for the approval of the enterprise agreement between the company and its employees, effective from 2023 to 2027. The company, a contractor in the electrical industry, sought to formalise its employment terms and conditions with its workforce. The legal dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it adequately met the minimum standards set forth by the relevant industrial award.

The primary legal issues the Commission had to address were whether the terms of the enterprise agreement adhered to the statutory requirements under the Fair Work Act, including whether the agreement provided for minimum entitlements and whether it allowed for genuine bargaining. Additionally, the Commission needed to consider if the agreement was made in good faith and without coercion, and if it appropriately facilitated a fair and efficient workplace.

The Commission found that the enterprise agreement was generally compliant with the Fair Work Act. It met the minimum standards for employees as outlined in the relevant industrial award and demonstrated evidence of genuine bargaining. The terms were fair and reasonable, ensuring that employees were not disadvantaged. The Commission also confirmed that the agreement had been made in good faith without any evidence of coercion. Consequently, the Fair Work Commission approved the application for the enterprise agreement.

The final order of the Commission was to approve the QA Electrical Projects Pty Ltd Enterprise Agreement 2023-2027, ensuring that it would govern the employment terms and conditions of the employees for the specified period.

QA Electrical Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established