QClad Pty Ltd

[2021] FWCA 3915

[2021] FWCA 3915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QClad Pty Ltd
(AG2021/5625)

QCLAD PTY LTD ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 6 JULY 2021

Application for approval of the QClad Pty Ltd Enterprise Agreement 2021.

[1] QClad Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the QClad Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I observe that clause 7.1.3 of the Agreement relating to abandonment of employment may be inconsistent with the National Employment Standards (NES).

[3] However, I note clause 5(d) of the Agreement provides that in the event of any inconsistency between any provision of the Agreement and the NES, the terms of the NES will prevail to the extent of any inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. I also note that by virtue of s. 55 of the Act, an enterprise agreement must not exclude the NES or any provisions of the NES and s. 56 provides that a term of an enterprise agreement has no effect to the extent that it contravenes s. 55.

[4] An Undertaking was provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertaking is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[6] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 13 July 2021. The nominal expiry date of the Agreement is 6 July 2025.

DEPUTY PRESIDENT

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Annexure A