DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & E Electrical Services Pty Ltd
(AG2019/4838)

M & E ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the M & E Electrical Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the M & E Electrical Pty Ltd Enterprise Agreement 2019 (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] 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 20 January 2024.

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 by M & E Electrical Services Pty Ltd for the approval of the M & E Electrical Pty Ltd Enterprise Agreement 2019. The applicant, a small to medium enterprise, sought to negotiate and establish terms and conditions of employment for its employees, which included matters such as wages, hours of work, and other employment-related terms. The application was brought to the Commission following the negotiation process, which led to the formation of the Agreement in question.

The primary legal issues the Commission had to address were whether the Agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the minimum entitlements of employees as mandated by the Act. The Commission had to consider the procedural fairness in the negotiation process, the compliance of the Agreement with the statutory minimum standards, and whether the Agreement was in the best interests of the employees and the employer.

The Fair Work Commission determined that the negotiation process was procedurally fair, and that the Agreement met the statutory requirements. The Commission found that the Agreement provided for the minimum entitlements required by the Act, and that it was in the best interests of both the employees and the employer. The Commission was satisfied that the Agreement was made in good faith and that it did not contain any terms that were contrary to public policy or that were otherwise unenforceable. The Commission approved the Agreement, thereby resolving the application.

The Fair Work Commission approved the M & E Electrical Pty Ltd Enterprise Agreement 2019, finding that it met the statutory requirements and provided for the minimum entitlements of employees. The Commission determined that the negotiation process was procedurally fair and that the Agreement was in the best interests of both the employees and the employer. The Commission's decision finalised the application, allowing the Agreement to come into effect.

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