QA Electrical (QLD) Pty Ltd T/A QA Electrical (QLD) Pty Ltd

[2024] FWCA 704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

QA Electrical (QLD) Pty Ltd T/A QA Electrical (QLD) Pty Ltd

(AG2024/240)

QA ELECTRICAL (QLD) PTY LTD ENTERPRISE AGREEMENT 2023-2027

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 22 FEBRUARY 2024

Application for approval of the QA Electrical (QLD) Pty Ltd Enterprise Agreement 2023-2027

QA Electrical (QLD) Pty Ltd T/A QA Electrical (QLD) Pty Ltd has applied for approval of an enterprise agreement known as the QA Electrical (QLD) 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

The case involved an application for approval of an enterprise agreement by QA Electrical (QLD) Pty Ltd, which operates under the name QA Electrical (QLD) Pty Ltd. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement complied with the statutory conditions for approval, particularly in relation to the provisions governing employee entitlements and conditions of employment.

The court was required to determine several legal issues, including whether the agreement provided for fair and reasonable terms and conditions for employees, if it adhered to the prescribed minimum standards set out in the Fair Work Act, and if it included appropriate dispute resolution mechanisms. The court also needed to assess if the agreement was made in good faith and whether it provided for adequate protection of employees' rights and interests.

In delivering the decision, the Fair Work Commission carefully examined the terms and conditions outlined in the proposed agreement. The Commission found that the agreement met all statutory requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions, adhered to the prescribed minimum standards, and included appropriate dispute resolution mechanisms. The Commission concluded that the agreement was made in good faith and provided adequate protection of employees' rights and interests. As a result, the Commission approved the QA Electrical (QLD) Pty Ltd Enterprise Agreement 2023-2027, ensuring its enforceability and compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established