DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QA Electrical Pty Ltd
(AG2019/4650)

QA ELECTRICAL PROJECTS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2020

Application for approval of the QA Electrical Projects Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the QA Electrical Projects Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by QA Electrical 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2020. The nominal expiry date of the Agreement is 13 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of QA Electrical Projects Pty Ltd, the applicant sought approval of the Enterprise Agreement 2019-2023 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The case was heard by the Fair Work Commission, an Australian federal statutory authority.

The primary legal issues addressed by the Commission included whether the terms of the Enterprise Agreement were fair and reasonable, whether they complied with the Fair Work Act 2009, and whether they adhered to the principles of the National Employment Standards. The Commission also considered whether the agreement provided adequate protections for employees and whether it met the requirements for "better off overall" as outlined in the legislation.

The Fair Work Commission concluded that the Enterprise Agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission found that the agreement met the statutory requirements and adhered to the principles of the National Employment Standards. It determined that the agreement provided adequate protections for employees and was in line with the "better off overall" test. Consequently, the Commission approved the Enterprise Agreement, allowing it to take effect as of the agreed-upon dates.

The Commission issued an order approving the QA Electrical Projects Pty Ltd Enterprise Agreement 2019-2023, effective from the dates specified in the agreement. This decision allowed the terms of the agreement to govern the employment conditions for the covered employees, subject to the provisions and protections outlined in the Fair Work Act 2009.

QA Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established