DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smart Metering Services Pty Ltd
(AG2020/651)

SMART METERING SERVICES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 MARCH 2020

Application for approval of the Smart Metering Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018-2021.

[1] Smart Metering Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Smart Metering Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 March 2020 and, in accordance with s 54, will operate from 26 March 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Smart Metering Services Pty Ltd, a company in the electrical supply industry, seeking approval of its Enterprise Agreement for the period 2018-2021. The application was brought under the Fair Work Act 2009, with the Fair Work Commission hearing the case. The dispute centred on whether the proposed agreement met the criteria for registration and approval as stipulated by the legislation.

The primary legal issues the court had to address were whether the agreement was genuinely an enterprise agreement, if it contained the mandatory terms required by the Fair Work Act, and whether it had been negotiated in good faith. Additionally, the court examined if the agreement complied with the public interest test, ensuring it did not undermine the broader objectives of the Fair Work Act, such as maintaining a fair and equitable workplace.

The Fair Work Commission determined that the agreement was genuinely an enterprise agreement and contained all mandatory terms. The negotiation process was deemed to have been conducted in good faith, with evidence supporting the involvement of genuine bargaining. The court also found that the agreement did not adversely affect the broader public interest, thereby passing the public interest test. Consequently, the Commission approved the Smart Metering Services Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018-2021.

Smart Metering Services 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