Application by Leahy's Electrical Contracting Pty Ltd
At a glance
- MA000173
What happened
Leahy's Electrical Contracting Pty Ltd sought approval for the Leahys Electrical Services Enterprise Agreement 2026–2030. The agreement title on the Notice of Employee Representational Rights (NERR) didn’t exactly match the formal agreement title. Concerns were raised about apprentice rates being equivalent to the Electrical, Electronic and Communications Contracting Award 2020, questioning whether apprentices would be better off overall. the Respondent provided an undertaking to address this.
What was decided
The Fair Work Commission approved the Leahys Electrical Services Enterprise Agreement 2026–2030. A minor discrepancy in the agreement title on the NERR was disregarded as it didn't disadvantage employees. To satisfy the Better Off Overall Test (BOOT), the Respondent committed to paying apprentices a rate 2% above the award rate for the agreement’s duration. This undertaking is now a term of the agreement. The agreement will operate from July 1, 2026, and expire on June 24, 2030.
What it means for employers
Employers seeking to implement enterprise agreements must ensure consistency between titles used in employee communications and formal documentation. They should also carefully consider the impact of proposed terms on all employees, particularly apprentices, and be prepared to provide undertakings to satisfy the Better Off Overall Test.
What it means for employees
Employees covered by this agreement will receive a payment 2% above the applicable apprentice rate prescribed by the Electrical, Electronic and Communications Contracting Award 2020. It is important for employees to review enterprise agreements carefully and understand their entitlements.
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