DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M KORP Pty Ltd
(AG2017/2879)

M KORP PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 7 AUGUST 2017

Application for approval of the M KORP Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the M KORP Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M KORP Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 14 August 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, M KORP Pty Ltd applied for the approval of the M KORP Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The dispute centred around the adequacy of the proposed agreement in terms of its compliance with the Fair Work Act 2009, specifically regarding the procedural fairness in its negotiation and the fairness of its terms and conditions.

The Commission was tasked with determining whether the agreement was fairly negotiated and whether it contained terms and conditions that were fair and reasonable. The Commission had to consider if there was procedural fairness in the negotiation process, and whether the agreement met the requirements for being deemed a "low paid" agreement under the Fair Work Act. The fairness of the terms and conditions, including wages and working conditions, was also examined to ensure they aligned with the principles of contemporary awards and the general principles of equity.

The Commission found that the agreement was fairly negotiated and that it contained terms and conditions that were fair and reasonable. The Commission was satisfied with the evidence presented regarding the negotiation process, which demonstrated that both parties had engaged in good faith. Furthermore, the Commission noted that the agreement contained terms and conditions that were in line with the general principles of equity and did not disadvantage either party. The agreement was subsequently approved by the Commission.

No further orders were made by the Commission. The decision stands as the approval of the enterprise agreement, ensuring that it is legally binding and enforceable between the parties involved.

M KORP 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