Macmor Electrical Contractors Pty Ltd

[2019] FWCA 6863

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Macmor Electrical Contractors Pty Ltd

(AG2019/3203)

Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023

Electrical contracting industry
Commissioner Gregory	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023.

An application has been made for approval of an enterprise agreement known as the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macmor Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 3 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Macmor Electrical Contractors Pty Ltd, the applicant sought approval of the Enterprise Agreement 2019 - 2023 from the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for the electrical workers employed by Macmor. The FWC was required to decide whether the agreement was fair and appropriate for the workers, in line with the objectives of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the terms of the proposed agreement were fair and reasonable in all respects, as required by section 234 of the Fair Work Act. This involved assessing the agreement against various criteria, including whether it provided for fair rates of pay and conditions, and whether it allowed for genuine flexibility and productivity improvements. The FWC also had to consider whether the agreement complied with the better-off-overall test, ensuring that the workers would be no worse off financially and at least as well off in other respects compared to their previous conditions.

The FWC found that the Enterprise Agreement 2019 - 2023 met the requirements for approval under the Fair Work Act. The agreement provided for fair rates of pay and conditions, taking into account the nature of the work and the business of the employer. The FWC noted that the agreement allowed for genuine flexibility and productivity improvements, and that it complied with the better-off-overall test. The FWC was satisfied that the agreement was fair and appropriate for the workers, and therefore approved the agreement under section 235 of the Fair Work Act.

The FWC approved the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2019 - 2023, effective from 1 April 2019 until 31 March 2023. The approval ensures that the terms and conditions of employment for the electrical workers employed by Macmor are regulated by the provisions of the agreement, subject to any modifications or variations that may be made in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established