DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macmor Electrical Contractors Pty Ltd
(AG2015/2428)

MACMOR ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 JULY 2015

Application for approval of the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Macmor Electrical Contractors Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Macmor Electrical Contractors Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 21 July 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Macmor Electrical Contractors Pty Ltd was the applicant in the Fair Work Commission, seeking approval for the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2015-2019. The applicant argued that the agreement contained appropriate terms and conditions that balanced the needs of both employees and employers. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009, specifically regarding the provisions for employee classification, wage rates, and dispute resolution mechanisms.

The court was required to decide whether the terms of the enterprise agreement were fair and reasonable and did not adversely affect the employees. This included assessing whether the proposed changes to employee classifications and wage rates complied with the relevant provisions of the Fair Work Act and whether the dispute resolution mechanisms were sufficient and fair. The court also needed to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off as a result of the agreement.

In delivering the decision, the commission acknowledged the applicant's commitment to ensuring fair and reasonable terms for both employees and employers. The commission found that the proposed agreement met the requirements of the Fair Work Act, including the better off overall test, and approved the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2015-2019. The commission was satisfied that the agreement provided appropriate terms and conditions, including employee classification, wage rates, and dispute resolution mechanisms, which were fair and reasonable.

The Fair Work Commission approved the Macmor Electrical Contractors Pty Ltd Enterprise Agreement 2015-2019, finding that it met the requirements of the Fair Work Act and passed the better off overall test.

Macmor Electrical Contractors Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established