The Trustee for Proab Electrical Trust T/A PROAB Electrical Pty Ltd

[2018] FWCA 6759

[2018] FWCA 6759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Proab Electrical Trust T/A PROAB Electrical Pty Ltd
(AG2018/2960)

PROAB ELECTRICAL ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the PROAB Electrical Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the PROAB Electrical Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Proab Electrical Trust T/A PROAB Electrical 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.

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 4 – Casual employees;

● Clause 5.1.8- Termination Payment;

● Clause 7.2.2 – Annual Leave.

However, noting clause 5.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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Annexure A