DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3283)

M SQUARED ELECTRICAL PTY LTD AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the M Squared Electrical Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the M Squared Electrical Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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 that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 November 2020 and, in accordance with s 54, will operate from 18 November 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the M Squared Electrical Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the enterprise agreement, which was negotiated between the union and the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the requirements for registration and approval by the Commission.

The legal issues the Commission had to decide included whether the agreement had been fairly and genuinely negotiated, whether it met the "better off overall test" for employees, and if it complied with the "no disadvantaging test". Additionally, the Commission considered whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act. The union argued that the agreement was fairly negotiated and met the statutory tests, while the employer contested certain provisions, particularly those related to overtime and penalty rates.

In its decision, the Commission found that the enterprise agreement had been fairly and genuinely negotiated. The Commission determined that the agreement met the "better off overall test" for employees, as the majority of the employees would be better off under the new agreement. The Commission also found that the agreement did not disadvantage employees in comparison to the applicable award or registered agreement. Regarding the minimum terms and conditions, the Commission concluded that the agreement was in compliance with the Fair Work Act. The Commission approved the enterprise agreement, finding it to be fair and reasonable, and it was duly registered.

The Fair Work Commission ordered the registration of the M Squared Electrical Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The agreement was to be effective from the date of registration and would apply to the employees covered by the agreement. The Commission's decision provided clarity and certainty to the parties involved, ensuring that the enterprise agreement would govern the employment conditions of the employees for the specified period.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established