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

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] 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.

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