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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

S.J. Electric (SA) Pty Ltd, an employer in the electrical contracting industry, applied for approval of an enterprise agreement between the company and its employees as authorised officers. The Australian Council of Trade Unions (ACTU) and the Australian Electrical Trades Union (AETU) sought to intervene in the application on behalf of the employees. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the proper classification of employees and if it contained appropriate provisions for minimum rates of pay, penalty rates, and shift loadings.

The Commission examined the agreement in detail, considering the classification of employees, the rates of pay, and the provisions for penalty rates and shift loadings. The employer argued that the agreement was fair and reasonable, while the unions contended that it did not adequately protect the employees' interests. The Commission found that the agreement generally provided for the proper classification of employees and contained appropriate provisions for minimum rates of pay, penalty rates, and shift loadings. The Commission approved the enterprise agreement, noting that while there were areas for improvement, the overall balance of the agreement was fair and reasonable.

In its decision, the Commission approved the S.J. Electric (SA) Pty Ltd Enterprise Agreement 2020-2024, subject to certain conditions. These conditions included the requirement for the employer to provide a report to the Commission within six months of the agreement's approval, detailing any changes to the classification of employees and any adjustments to the rates of pay, penalty rates, and shift loadings. The Commission also ordered that the employer must provide a copy of the approved agreement to each employee and ensure that the terms of the agreement are properly communicated to all employees.

S.J. Electric (SA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established