DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5844)

MIDRIM ELECTRICS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Midrim Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Midrim Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Midrim Electrics Pty. Ltd. and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The union sought approval for the agreement covering the period 2017-2021, which aimed to set out the terms and conditions of employment for its members working at Midrim Electrics.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it met the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission had to assess if the agreement was appropriately negotiated and if it contained all the mandated minimum terms and conditions, including pay rates, hours of work, and other employment-related provisions. Additionally, the Commission had to consider if the agreement complied with the "better off overall test" to ensure that no employee would be worse off if the agreement were to be implemented.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission determined that the agreement met the statutory requirements and satisfied the better off overall test. The Commission concluded that the proposed agreement would result in improved conditions for the majority of the employees, with no employees being worse off. Consequently, the Fair Work Commission approved the Midrim Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

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