Ultegra Pty Limited

[2019] FWCA 3345

[2019] FWCA 3345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ultegra Pty Limited
(AG2018/6805)

UEA ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 14 MAY 2019

Application for approval of the UEA Electrical Pty Ltd Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Ultegra Pty Limited (the applicant) for the approval of an enterprise agreement known as the UEA Electrical Pty Ltd Enterprise Agreement 2018 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding pay rates for apprentices and trainees, ordinary hours of work, overtime rates, casual conversion and payment of accrued but untaken annual leave upon termination. A copy of the undertakings is attached at the end of the Agreement. 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] 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.10 – Abandonment of Employment – Notice of termination not provided at the employer’s initiative;

[5] However, noting clause 5.2 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 30 January 2022.

DEPUTY PRESIDENT

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