DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Donnelly Pty Ltd
(AG2017/3889)

MARTIN DONNELLY PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Martin Donnelly Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Martin Donnelly Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martin Donnelly Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 6 December 2017 and, in accordance with s.54, will operate from 13 December 2017. The nominal expiry date of the Agreement is 6 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Martin Donnelly Pty Ltd, the applicant, sought approval of the Martin Donnelly Pty Ltd Single Enterprise Agreement 2017. The respondent, the Australian Building and Construction Commission, objected to the approval of the agreement on the basis that it did not sufficiently protect the rights of employees. The case was heard in the Fair Work Commission, which is responsible for regulating workplace relations in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately safeguarded the rights of employees. Specifically, the Commission had to determine if the agreement met the requirements of the Fair Work Act 2009, including ensuring that employees were not worse off financially, and that it provided for fair terms and conditions of employment. The Commission also had to consider whether the agreement had been fairly negotiated and if it complied with any applicable industry awards or agreements.

In assessing the agreement, the Commission considered various factors, including the bargaining power of the parties, the extent of the agreement's coverage, and the fairness of the terms proposed. The Commission found that the agreement did not adequately protect the rights of employees as it failed to ensure that employees were not worse off financially and did not provide for fair terms and conditions of employment. Additionally, the Commission was not satisfied that the agreement had been fairly negotiated, and that it complied with the relevant industry awards and agreements. As a result, the Commission did not approve the proposed enterprise agreement.

The Commission's decision was based on a detailed analysis of the proposed agreement and the evidence presented by both parties. The Commission emphasised the importance of ensuring that employees' rights were protected and that fair terms and conditions of employment were provided. The Commission also highlighted the need for agreements to be fairly negotiated and to comply with applicable industry awards and agreements. The Commission's decision was final and binding, and the proposed enterprise agreement was not approved.

Martin Donnelly 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