M Power U Pty Ltd ATF the Montini Family Trust T/A M Power U Electrical Contracting

[2014] FWCA 4695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Power U Pty Ltd ATF the Montini Family Trust T/A M Power U Electrical Contracting
(AG2014/6315)

M POWER U ELECTRICAL CONTRACTING ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JULY 2014

Application for approval of the M Power U Electrical Contracting Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the M Power U Electrical Contracting Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, M Power U Pty Ltd ATF the Montini Family Trust T/A M Power U Electrical Contracting, applied for the approval of the M Power U Electrical Contracting Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission, where the Fair Work Regulator contested the approval on the grounds that the agreement did not provide for adequate provisions for the protection of employee rights and entitlements. The Fair Work Regulator contended that the agreement fell short of the requirements set forth in the Fair Work Act 2009.

The central legal issue that the Commission had to address was whether the agreement met the criteria for approval as stipulated in the Fair Work Act. This involved examining whether the agreement provided for adequate protections of employees' rights and entitlements, as well as whether it complied with the procedural requirements for enterprise agreements. The Commission needed to consider the provisions of the agreement and the submissions made by both parties to determine if the agreement was fair and appropriate for the employees it covered.

The Fair Work Commission found that the agreement did not adequately protect employees' rights and entitlements. The Commission highlighted several deficiencies, including the lack of provisions for minimum wages and entitlements, inadequate provisions for leave and penalty rates, and insufficient mechanisms for dispute resolution. The Commission also noted procedural shortcomings in the process of bargaining the agreement. Based on these findings, the Commission concluded that the agreement did not meet the statutory criteria for approval. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission did not make any orders as the application for approval was dismissed. The decision underscores the importance of ensuring that enterprise agreements provide comprehensive protections for employees and adhere to the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established