Syndicate Communications Pty Ltd

[2024] FWCA 4676

[2024] FWCA 4676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Syndicate Communications Pty Ltd

(AG2024/4663)

SYNDICATE COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 24 DECEMBER 2024

Application for approval of the Syndicate Communications Pty Ltd Single Enterprise Agreement 2024

Introduction

1. Syndicate Communications Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Syndicate Communications Pty Ltd Single Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by the Electrical, Electronic and Communication Contracting Award 2020 (the Award).

Application filed later than 14 days after the Agreement was made

1. Section 185(3)(a) of the Act requires the application for approval to be made within 14 days after the Agreement is made. The Agreement was made on 29 October 2024 but the application for approval was not made until 26 November 2024.

1. The Employer submitted that it believed that the application was required to be lodged 14 days from the date the Employer and employee representative both signed the Agreement which was 12 November 2024. Having regard to these submissions, I consider that in all the circumstances it is fair to extend the period that the application is made to 26 November 2024 pursuant to s.185(3)(b) of the Act.

Deductions

1. Clause 5.10.1(a) of the Agreement provides that if the Employer pays course fees for training or further education primarily for the benefit of the employee, and the employee subsequently resigns or abandons their employment, the Employer may deduct the costs of that training or education incurred within the six months preceding the resignation. This clause may be inconsistent with s 324 of the Act.

1. The Employer provided submissions that the clause does not breach s.324 of the Act as it pertains only to payments for training or further education primarily benefiting the employee, as permitted under s 324(1)(a). It argues the deduction is valid due to its inclusion in the Agreement and cannot apply where the training primarily benefits the Employer.

Dispute Settlement Term

1. It is unclear from clause 15.7 of the Agreement whether it excludes Apprentices from the Dispute Settlement Term at clause 11 of the Agreement. The Employer provided an undertaking to address this concern.

Time off Instead of Payment for Overtime

1. Clause 6.3.6 of the Agreement states that where an employee works overtime, the employee may by mutual agreement with the Employer, forego payment for the overtime and be released for an equivalent period of hours with pay, on an hour-for-hour basis, as time off in lieu. The Agreement appears to be silent in relation to the safeguards provided at Clause 20.7 of the Award. The Employer provided an undertaking to address this concern.

Section 190 Undertakings

1. A copy of the undertakings is attached in Schedule D. 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.

Section 186, 187, 188 and 190

1. 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.
   

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2028.

DEPUTY PRESIDENT

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