DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

M & E Electrical Services Pty Ltd
(AG2015/531)

M & E ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 MARCH 2015

Application for approval of the M & E Electrical Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the M & E Electrical Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M & E Electrical Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 22 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved M & E Electrical Services Pty Ltd, where the company sought approval of the M & E Electrical Pty Ltd Enterprise Agreement 2014. The applicant, representing the employer, sought to have the agreement registered under the Fair Work Act 2009. The respondents, comprising various employee unions, objected to the registration, citing concerns about the agreement's compliance with statutory requirements and its impact on employee rights.

The central legal issues before the Commission centred on whether the enterprise agreement met the statutory criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely bargained, free from coercion or pressure, and if it appropriately covered all necessary matters. Additionally, the Commission examined whether the agreement adhered to the Fair Work (Registered Organisations) Act 2009 and whether it provided adequate protections for employees.

The Fair Work Commission, in its decision, meticulously reviewed the provisions of the enterprise agreement against the legislative framework. The Commission found that the agreement was the result of genuine bargaining between the employer and the recognised union. It confirmed that there were no instances of coercion or undue pressure exerted on the employees during the negotiation process. The agreement was also found to be comprehensive, covering all necessary matters as required by law. Consequently, the Commission approved the registration of the M & E Electrical Pty Ltd Enterprise Agreement 2014. The objections raised by the respondents were deemed unfounded, as the agreement met all statutory requirements and provided adequate protections for the employees.

In its final orders, the Fair Work Commission approved the registration of the M & E Electrical Pty Ltd Enterprise Agreement 2014. The decision effectively established the terms and conditions of employment for the employees of M & E Electrical Services Pty Ltd, ensuring compliance with the Fair Work Act and related legislation.

M & E Electrical Services 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