Mailec Electrical Pty Ltd

[2014] FWCA 3244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mailec Electrical Pty Ltd
(AG2014/919)

MAILEC ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2014

Application for approval of the Mailec Electrical Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mailec Electrical Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mailec Electrical Pty Ltd (the applicant). 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 relevant to this application for approval has been met.

[3] The Fair Work Commission (FWC) received correspondence dated 15 May 2014, which included an undertaking in support of the application, made and duly signed by the authorised Employer Representative proposed to the FWC pursuant to s.190 of the Act (the Undertaking).

[4] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 23 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mailec Electrical Pty Ltd applied for approval of the Mailec Electrical Pty Ltd Enterprise Agreement 2014-2018. The applicant, an electrical contractor, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement registered to ensure its provisions could be enforced against the union and its members. The union, the Electrical Trades Union of Australia, contested the application on several grounds, including that the agreement did not meet the requirements of the Act and that the process for its creation was unfair.

The legal issues before the Commission involved whether the agreement met the statutory requirements for registration and if the process leading to its creation was fair. This included assessing whether the agreement provided for a minimum rate of pay and conditions for employees, whether it allowed for proper consultation and negotiation, and if it complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider the union’s objections to the agreement's terms and the procedural fairness of the negotiation process.

The Commission found that the agreement met the necessary statutory requirements and was fair. It determined that the agreement provided for appropriate minimum rates of pay and conditions for employees, and that the process leading to its creation was conducted in a manner that was procedurally fair. The Commission rejected the union's objections, finding that the agreement was not unfair and should be approved. The Fair Work Commission ultimately approved the agreement under section 234 of the Fair Work Act 2009, dismissing the union's objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established