S.J. Electric (SA) Pty Ltd

[2020] FWCA 1677

[2020] FWCA 1677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S.J. Electric (SA) Pty Ltd
(AG2020/722)

S.J. ELECTRIC (SA) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 30 MARCH 2020

Application for approval of the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by S.J. Electric (SA) Pty Ltd(the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 March 2020.

[3] On 25 March 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 27 March 2020. The undertaking deals with the following topics:

•  Annual leave shall be paid to employees on the basis of their ordinary hours of work.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  In respect of better off overall issues relating to clause 36 (Shift Work), the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 March 2024.

COMMISSIONER

 1   [2017] FWCFB 1664

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