Switched On Electrical Services Pty Ltd Summary

[2025] FWCA 2778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Switched On Electrical Services Pty Ltd

(AG2025/2579)

SWITCHED ON ELECTRICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER SLOAN	SYDNEY, 20 AUGUST 2025

Application for approval of the Switched On Electrical Services Pty Ltd Single Enterprise Agreement 2024

Switched On Electrical Services Pty Ltd has applied for approval of an enterprise agreement known as the Switched On Electrical Services Pty Ltd Single Enterprise Agreement 2024 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
In one respect, the Agreement is inconsistent with the National Employment Standards (“NES”). That is, clause 11.1.6 deals with notice of termination by employees. It provides that if an employee fails to give the requisite notice, “the Company will have the right to withhold wages and/or entitlements due to the Employee on termination, with a maximum amount equal to the equivalent pay for the period of notice up to one week’s pay”. On its face, the clause appears impermissibly to allow Switched On to withhold NES entitlements that an employee will have on termination, such as accrued but unused annual leave or long service leave.

That said, clause 4.5.2 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 11.1.6 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”) was a bargaining representative for the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the CEPU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Switched On Electrical Services Pty Ltd, sought approval of the Switched On Electrical Services Pty Ltd Single Enterprise Agreement 2024. The respondent, the Electrical Trades Union of Australia, opposed the application on various grounds. The dispute was heard in the Fair Work Commission. The primary issue for determination was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the respondent challenged the agreement on the basis that it did not ensure the employees' minimum entitlements were at least equal to the applicable award or registered agreement, and that it failed to provide for procedural fairness in the case of redundancy.

The Fair Work Commission considered the provisions of the agreement and the submissions made by both parties. The Commission noted that the agreement provided for minimum pay rates and conditions that were not less favourable than the relevant award. It was also found that the agreement contained provisions for procedural fairness in relation to redundancy. The Commission determined that the agreement met the legal requirements and approved it accordingly. The respondent's objections were dismissed.

The Fair Work Commission approved the Switched On Electrical Services Pty Ltd Single Enterprise Agreement 2024. The respondent's objections to the agreement were dismissed, and the agreement was approved as meeting the requirements of the Fair Work Act 2009. This decision ensures that the employees of Switched On Electrical Services Pty Ltd will be covered by a single enterprise agreement that provides for their minimum entitlements and procedural fairness in certain circumstances.

Switched On Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established