DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon McKay Pty Ltd
(AG2018/3322)

GORDON MCKAY PTY LTD AND ETU ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon McKay Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 8 August 2018. 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

Gordon McKay Pty Ltd was the applicant before the Fair Work Commission, seeking approval of an enterprise agreement with the Electrical Trades Union (ETU) for the period 2018 to 2021. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission, acting under the authority of the Act, was tasked with determining the validity of the agreement. The primary legal issues before the Commission were whether the agreement satisfied the mandatory requirements for enterprise agreements under the Act, including provisions related to minimum entitlements, the right to request bargaining, and procedural fairness.

The Commission examined the agreement to ensure it did not undermine the protection of employees' minimum entitlements and that it provided for a process to request further negotiations. The Commission also considered whether the agreement had been fairly negotiated and whether the process leading up to its finalisation was procedurally fair. In assessing these matters, the Commission took into account submissions from both parties and evidence presented during the hearing. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions fell short of the legislative requirements.

After careful consideration, the Commission determined that the agreement largely met the statutory requirements, though it made minor adjustments to ensure compliance with the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and that the negotiation process had been procedurally fair. Consequently, the Commission approved the agreement with the modifications necessary to align it with the legislative framework. The final orders of the Commission were that the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2018-2021 be approved, subject to the specified amendments.

Gordon McKay Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established