W & S Delmenico Pty Ltd T/A Weslec Electrical

[2025] FWCA 2595

[2025] FWCA 2595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

W & S Delmenico Pty Ltd T/A Weslec Electrical

(AG2025/2253)

WESLEC ELECTRICAL - EMPLOYEE COLLECTIVE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER ROGERS	ADELAIDE, 5 AUGUST 2025

Application for approval of the Weslec Electrical - Employee Collective Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Weslec Electrical - Employee Collective Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W & S Delmenico Pty Ltd trading as Weslec Electrical (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings, a copy of which 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

·   Public holiday - Clause 30 contains a list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(1)(b) of the Act.

·   Notice of termination – Clause 39.2.4 states “If the Employee fails to give notice the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the basic periodic rate of pay for the period of notice.” As the source from which monies may be deducted has not been specified, this clause appears to permit the employer to deduct monies owing to the employee under the NES.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause shiftworkers to be better off under the Award are not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 12 August 2025. The nominal expiry date of the Agreement is 5 August 2029.

COMMISSIONER

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Annexure A