STE Solutions Pty Ltd

[2021] FWCA 880

[2021] FWCA 880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

STE Solutions Pty Ltd
(AG2021/191)

STE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 18 FEBRUARY 2021

Application for approval of the STE Solutions Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the STE Solutions Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by STE Solutions Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 February 2021.

[3] On 16 February 2021, 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 17 February 2021. The undertaking deals with the following topics:

•  Clauses 39.8 and 39.9 will not operate for the period of the Agreement.

•  Despite clause 9.3, casual employees will be entitled to unpaid leave in accordance with the National Employment Standards.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported 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 1 March 2021. The nominal expiry date is 1 March 2024.

COMMISSIONER

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