DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sturdie Trade Services Pty Ltd
(AG2021/6682)

STURDIE TRADE SERVICES SINGLE ENTERPRISE AGREEMENT SA 2021

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2021

Application for approval of the Sturdie Trade Services Single Enterprise Agreement SA 2021.

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

[2] The matter was allocated to my Chambers on 17 August 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form. The undertaking deals with the following topics:

• The rates of pay listed in clause 13.13(b) of the Electrical, Electronic and Communications Contracting Award 2020 (the Award) will be reflected in the Agreement. As such, an employee who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights will be paid for that shift at 150% of their hourly rate for the first two hours and 200% of their hourly rate thereafter.

• Clause 10 of the Award will be applied for the purposes of clause 10.2.2 of the Agreement, meaning the company will inform a part-time employee upon engagement of the ordinary hours of work and starting and finishing times. Further, a part-time employee will not be required to work outside the hours advised unless there are urgent and/or unforeseen circumstances, in which case the overtime provisions of the Agreement apply.

• A ‘trainee’ engaged under clause 10.2.2 of the Agreement will be paid the relevant base rate of pay of an apprentice as contained in the Agreement.

[4] 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 did not express any view on the undertaking.

[5] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a default 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.

[7] 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.

[8] 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 20 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sturdie Trade Services Pty Ltd, sought approval of the Sturdie Trade Services Single Enterprise Agreement SA 2021. The applicant is a company that provides electrical and plumbing services and employs approximately 50 employees across South Australia. The proposed agreement was to be registered as a single enterprise agreement covering all employees of the company, except for those who fall under specific exclusions. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission needed to address were whether the proposed agreement complied with the procedural and substantive requirements for approval. Procedurally, the Commission examined whether the agreement was made in accordance with the processes outlined in the Act. This included verifying that the agreement was made without coercion and that employees had a reasonable opportunity to examine and discuss the agreement. Substantively, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the nature of the work, the economic circumstances of the parties, and the need for flexibility and productivity.

After considering submissions from both the applicant and the employees' representatives, the Commission found that the agreement met all the statutory requirements for approval. The Commission concluded that the agreement was made without coercion and that employees had been adequately consulted. Furthermore, the terms and conditions of the agreement were deemed to be fair and reasonable, taking into account all relevant factors. Consequently, the Commission approved the proposed agreement as a single enterprise agreement, effective from the date of registration.

The final orders included the registration of the Sturdie Trade Services Single Enterprise Agreement SA 2021, effective from the date of the Commission's decision. The agreement was to apply to all employees of the company who were not specifically excluded from its coverage. The decision provided certainty for both the employer and the employees regarding the terms and conditions of their employment.

Sturdie Trade 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