DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Switched On Electrical Services Pty Ltd
(AG2020/1582)

SWITCHED ON ELECTRICAL SERVICES PTY LTD & CEPU ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 JUNE 2020

Application for approval of the SWITCHED ON Electrical Services Pty Ltd & CEPU Enterprise Agreement 2020-2024.

[1] Switched On Electrical Services Pty Ltd has applied for approval of a single enterprise agreement known as the SWITCHED ON Electrical Services Pty Ltd & CEPU Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 24 June 2020 and, in accordance with s.54, will operate from 1 July 2020. The nominal expiry date of the Agreement is 31 March 2024.

[9] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Switched On Electrical Services Pty Ltd was the subject of an application for the approval of the Switched On Electrical Services Pty Ltd & CEPU Enterprise Agreement 2020-2024. The application was brought before the Fair Work Commission. The agreement in question was a proposed enterprise agreement between the company and the Certified Electrical and Communications Union (CEPU). The dispute centred on whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009.

The court was required to decide whether the agreement was genuinely bargained for, if it contained the necessary minimum terms and conditions, and if it was in compliance with the Fair Work Act. Additionally, the court had to consider if the agreement was made in good faith and whether it provided fair and reasonable terms for the employees. The court also had to assess if the agreement was free from any unfair content that could undermine the employees' rights.

In evaluating the application, the court considered the submissions from both parties, the evidence presented, and the relevant provisions of the Fair Work Act. The court found that the agreement was genuinely bargained for, contained the necessary minimum terms and conditions, and was made in good faith. The court also determined that the agreement provided fair and reasonable terms for the employees and was free from any unfair content. Consequently, the court approved the Switched On Electrical Services Pty Ltd & CEPU Enterprise Agreement 2020-2024.

The final orders included the approval of the agreement, which would now serve as the binding contract between the company and the union for the specified period. The court's decision was based on the evidence and submissions presented, ensuring that the agreement met the statutory requirements and protected the interests of both the employer and the employees.

Switched On Electrical 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