DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QA Electrical (QLD) Pty Ltd
(AG2019/4651)

QA ELECTRICAL (QLD) PTY LTD ENTERPRISE AGREEMENT 2019 – 2023

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2020

Application for approval of the QA Electrical (QLD) Pty Ltd Enterprise Agreement 2019 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the QA Electrical (QLD) 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 (QLD) 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

QA Electrical (QLD) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made in accordance with section 234 of the Fair Work Act 2009. The Fair Work Commission assessed the application to determine if the agreement met the requirements of the Act and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement contained terms that were contrary to the provisions of the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was likely to achieve a better outcome for the employees in terms of pay and conditions than the applicable award or registered agreement.

In making its decision, the Commission examined the bargaining process, the terms of the agreement, and the submissions made by the parties. The Commission found that the agreement was made in good faith, without coercion, and that it contained terms that were not contrary to the Act. The Commission also determined that the agreement was likely to achieve a better outcome for the employees than the applicable award or registered agreement. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the QA Electrical (QLD) Pty Ltd Enterprise Agreement 2019 – 2023. The approval was effective from the date of the decision and will remain in place for the duration of the agreement.

QA Electrical (QLD) 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