DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QA Electrical Pty Ltd
(AG2014/7995)

QA ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the QA Electrical Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the QA Electrical Pty Ltd Enterprise Agreement 2014 - 2018 (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 Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 4 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Electrical Trades Union of Australia (ETUA) for the approval of the QA Electrical Pty Ltd Enterprise Agreement 2014 - 2018. The application was heard by the Fair Work Commission (FWC) in the context of the Fair Work Act 2009. The union sought the approval of the agreement, which outlined terms and conditions of employment for workers at QA Electrical Pty Ltd. The nature of the dispute centred on whether the agreement met the requirements under the Fair Work Act, particularly concerning its compliance with the 'better-off-overall test' and the protection of employees' rights.

The key legal issues before the FWC were whether the proposed enterprise agreement was fair and appropriate for the employees of QA Electrical Pty Ltd, and whether it complied with the statutory requirements outlined in the Fair Work Act. Specifically, the FWC had to determine if the agreement provided a fair and better outcome for the employees, as compared to the applicable award or safety net provisions. The FWC also needed to consider whether the agreement met the procedural fairness standards and if the employees' rights were adequately protected.

In its decision, the FWC thoroughly examined the terms of the agreement and the evidence presented by both the union and the employer. The FWC concluded that the agreement met the 'better-off-overall test' as it provided employees with benefits that were superior to those available under the relevant award. The FWC found that the agreement was fair and appropriate, and that it adequately protected the employees' rights and interests. Consequently, the FWC approved the QA Electrical Pty Ltd Enterprise Agreement 2014 - 2018, confirming its compliance with the statutory requirements.

Following the approval, the FWC mandated the agreement to be registered with the Fair Work Commission, thereby making it legally binding between the employer and the employees. The union's application was thus successful, and the agreement was deemed to be in effect from the date of the FWC's decision. This decision ensured that the employees of QA Electrical Pty Ltd would benefit from the agreed terms and conditions for the duration of the enterprise agreement.

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