DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QA Electrical Services Pty Ltd
(AG2019/4652)

QA ELECTRICAL SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 – 2023

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2020

Application for approval of the QA Electrical Services Australia Pty Ltd Enterprise Agreement 2019 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the QA Electrical Services Australia 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 Services 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 Services Pty Ltd recently appeared before the Fair Work Commission in relation to an application for the approval of an enterprise agreement. The agreement in question was between the company and its employees, covering the period from 2019 to 2023. The applicant sought the Commission’s approval under section 234 of the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements of the Act and was in the best interests of the employees and the company.

The key legal issues before the Commission included whether the agreement contained all the mandated terms and conditions, whether it complied with the good faith bargaining requirement, and whether it was fair and reasonable in terms of its provisions. The Commission had to assess if the agreement provided for terms and conditions that were no worse than the safety net provided by the applicable awards and whether it was made in good faith. Furthermore, the Commission considered if the agreement was fair and reasonable in the broader context of employee welfare and industrial relations.

In delivering its decision, the Commission found that the agreement did indeed contain all the required terms and conditions and was compliant with the good faith bargaining provisions. The Commission also determined that the agreement was fair and reasonable, providing a balance of rights and obligations between the employer and the employees. The agreement was seen as providing adequate protections and benefits to the employees, while also being conducive to the operational needs of the company. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the QA Electrical Services Australia Pty Ltd Enterprise Agreement 2019 – 2023, with the agreement to be registered and enforceable from the date of the decision. The parties were directed to take necessary steps to ensure compliance with the approved agreement. The decision underscores the importance of meeting legislative requirements and maintaining a balance between the interests of employers and employees in enterprise agreements.

QA Electrical Services 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