DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smart Metering Services Pty Ltd
(AG2020/1210)

SMART METERING SERVICES PTY LTD (ADELAIDE) ENTERPRISE AGREEMENT 2020 - 2023

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 18 MAY 2020

Application for approval of the Smart Metering Services Pty Ltd (Adelaide) Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Smart Metering Services Pty Ltd (Adelaide) Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Smart Metering Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 May 2020.

[3] On 12 May 2020, my Chambers corresponded 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 15 May 2020 The undertaking deals with the following topics:

• An additional weeks’ notice will be provided for employees who are over the age of 45 with at least 2 year’s continuous service.

• Employees who fall ill or are injured during annual leave can reclaim their annual leave. Notice must be provided to the Employer as soon as practicable which may be at a time after the leave has started.

• Annual leave loading will be paid on termination, including when the termination of employment occurs due to misconduct.

• The Applicant has inserted a NES precedence clause.

[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 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Smart Metering Services Pty Ltd applied for the approval of the Smart Metering Services Pty Ltd (Adelaide) Enterprise Agreement 2020 - 2023. The applicants, being Smart Metering Services Pty Ltd, and the respondents, being the Australian Manufacturing Workers Union, were engaged in negotiations over the terms of employment for employees in the Adelaide region. The application was heard by the Commission's Deputy President, Ms J. M. Gilmour.

The central legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009, which mandates that enterprise agreements must provide for, among other things, employees' wages and conditions of employment. The Commission needed to determine if the agreement adequately addressed these requirements and if it had been made in good faith and without coercion, as per the Act.

The Commission examined the agreement's provisions to ascertain if they sufficiently covered wages, hours of work, and other conditions of employment. The Deputy President concluded that the agreement provided for these matters and had been made in good faith and without coercion. The Deputy President noted that the agreement contained clear and precise terms, and both parties had made a genuine effort to reach an agreement. The Commission found that the agreement met the statutory requirements and approved it. No further orders were necessary as the agreement was approved as presented.

Smart Metering Services Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established