ETA Electrical Pty Ltd T/A Smarter Energy Solutions Summary

[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

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

In the matter of ETA Electrical Pty Ltd trading as Smarter Energy Solutions, an application was brought before the Fair Work Commission seeking approval of the ETA Electrical Pty Ltd Enterprise Agreement 2022. The dispute involved the terms of the proposed enterprise agreement, which aimed to regulate the working conditions of employees within the company. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements in Australia.

The primary legal issues that the Fair Work Commission needed to address involved the compliance of the proposed enterprise agreement with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for being a "single interest" enterprise agreement, which requires that the agreement genuinely represents the interests of all employees involved. Furthermore, the Commission had to ensure that the agreement provided for appropriate minimum terms and conditions, and did not disadvantage any employee in comparison to the applicable awards or the National Employment Standards.

After examining the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the legal requirements. The Commission determined that the agreement was a genuine single interest enterprise agreement, as it had been negotiated in good faith and was supported by a majority of the relevant employees. Additionally, the Commission was satisfied that the agreement provided for appropriate minimum terms and conditions, and did not disadvantage any employee. Consequently, the Fair Work Commission approved the ETA Electrical Pty Ltd Enterprise Agreement 2022, allowing it to come into effect on the specified date.

In summary, the Fair Work Commission has approved the ETA Electrical Pty Ltd Enterprise Agreement 2022, recognising it as a genuine single interest enterprise agreement that complies with the Fair Work Act 2009. The Commission's decision ensures that the working conditions of employees within the company are regulated by an agreement that represents their interests and provides for appropriate minimum terms and conditions.

ETA Electrical Pty Ltd T/A Smarter Energy Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established