DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPE Management (ACT) Pty Ltd
(AG2020/4199)

SPE MANAGEMENT (ACT) PTY LTD ELECTRICAL SERVICES - ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the SPE Management (ACT) Pty Ltd Electrical Services - Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the SPE Management (ACT) Pty Ltd Electrical Services - Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPE Management (ACT) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.1.5 – Termination of Employment.

However, noting clause 4.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 9 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPE Management (ACT) Pty Ltd applied to the Fair Work Commission for approval of the SPE Management (ACT) Pty Ltd Electrical Services – Enterprise Agreement 2020-2024. The applicant argued that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment for the employees. The applicant submitted that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The main legal issue before the Fair Work Commission was whether the enterprise agreement provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement contained provisions that were necessary to protect the interests of employees and to promote the efficient operation of the enterprise. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement contained provisions that were necessary to protect the interests of employees and to promote the efficient operation of the enterprise. The Commission also considered that the agreement provided for appropriate mechanisms for resolving disputes between the parties. The Commission approved the enterprise agreement, subject to certain modifications.

The Fair Work Commission approved the SPE Management (ACT) Pty Ltd Electrical Services – Enterprise Agreement 2020-2024, subject to certain modifications. The modifications related to the provisions of the agreement that provided for the payment of overtime and shift loadings, and the establishment of a training and development fund. The Commission considered that these modifications were necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment.

SPE Management (ACT) 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