Wiseclass Investments Pty Ltd T/A Peak Commercial Electrical

[2019] FWCA 5067

[2019] FWCA 5067

FAIR WORK COMMISSION

DECISION

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

Wiseclass Investments Pty Ltd T/A Peak Commercial Electrical
(AG2019/2098)

WISECLASS INVESTMENTS PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2019

Application for approval of the Wiseclass Investments Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wiseclass Investments Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wiseclass Investments Pty Ltd T/A Peak Commercial Electrical (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

•  Clause 7.1.1 – Annual leave

•  Clause 7.1.2 – Definition of a shiftworker

•  Clause 7.2.2 – Personal/Carer’s leave

•  Clause 8.1.7 – Notice of termination

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 19 July 2023.

COMMISSIONER

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