Martin Family Trust T/A Smart Tech Electrical

[2019] FWCA 3567

[2019] FWCA 3567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Family Trust T/A Smart Tech Electrical
(AG2019/1180)

SMART TECH ELECTRICAL ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 27 MAY 2019

Application for approval of the Smart Tech Electrical Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Smart Tech Electrical Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Martin Family Trust T/A Smart Tech Electrical. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 May 2019.

[3] On 15 May 2019 and 17 May 2019, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  For the purposes of clause 29.2 & 30.4, annual and personal leave will accrue progressively.

•  Despite clause 30.7.1 of the Agreement, employees will not be required to provide the Applicant with details of illness or injury in order to access personal leave.

•  For the purposes of clause 36.2 of the Agreement, an employee who abandons their employment will receive notice of termination in accordance with the NES.

•  For the purposes of clause 10.1 of the Agreement, an employee on probation will receive notice of termination in accordance with the NES.

•  For the purposes of clause 15.1.1 of the Agreement, the Applicant will make payment for any rescue and resuscitation training, and employees will be paid at the appropriate rate for time spent in training.

•  For the purposes of clause 26 of the Agreement, if an employee is a non-consecutive shift worker (works night/afternoon shifts for less than 5 consecutive shifts in a given week) they will be paid in accordance with clause 24.13(b) of the Electrical, Electronic and Communications Contracting Award 2010.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] Clause 6 of the Agreement provides that the Agreement will nominally expire in January 2023, it appears that the date in January was inadvertently omitted. The Applicant has undertaken that the Agreement will expire on 1 January 2023. In my view this position is the most conservative option that was available to the parties and I propose to exercise my powers under s.586 to amend the Agreement to correct this omission.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503581 PR708617>