ETA Electrical Pty Ltd T/A Smarter Energy Solutions

Case •

[2022] FWCA 4190

•

29 NOVEMBER 2022
[2022] FWCA 4190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ETA Electrical Pty Ltd T/A Smarter Energy Solutions

(AG2022/4726)

ETA Electrical Pty Ltd Enterprise Agreement 2022

Tasmania

COMMISSIONER LEE

MELBOURNE, 29 NOVEMBER 2022

Application for approval of the ETA Electrical Pty Ltd Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the ETA Electrical Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ETA Electrical Pty Ltd T/A Smarter Energy Solutions. The Agreement is a single enterprise agreement.

  1. 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 37.2 – Entitlement

·   Clause 49.2 – Instant dismissal

·   Clause 49.3 – Termination of employment by an employee

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 29 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518354  PR748420>

Annexure A

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