Martin Donnelly Pty Ltd T/A Martin Donnelly Electrical Services

[2022] FWCA 389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Martin Donnelly Pty Ltd T/A Martin Donnelly Electrical Services

(AG2022/3)

Martin Donnelly Pty Ltd Single Enterprise Agreement 2021

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the Martin Donnelly Pty Ltd Single Enterprise Agreement 2021.

Martin Donnelly Pty Ltd T/A Martin Donnelly Electrical Services (the Employer) has made an application for approval of an enterprise agreement known as the Martin Donnelly Pty Ltd Single Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 9 February 2022 and, in accordance with s. 54, will operate from 16 February 2022. The nominal expiry date of the Agreement is 6 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Martin Donnelly Pty Ltd, trading as Martin Donnelly Electrical Services, sought approval of the Martin Donnelly Pty Ltd Single Enterprise Agreement 2021 in the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement covered a single enterprise, complied with minimum entitlements, and was certified by the relevant independent assessor.

The legal issues before the commission involved verifying that the agreement applied to a single enterprise, ensuring it met minimum wage and condition requirements, and confirming that it had been fairly negotiated and certified. Additionally, the commission had to consider whether the proposed agreement was in the best interests of the employees and the employer. The applicant argued that the agreement was a fair reflection of the terms and conditions agreed upon by the parties, while no objections were raised by the employees or other stakeholders.

In its decision, the commission found that the proposed agreement satisfied all the statutory requirements for approval. The commission confirmed that the agreement covered a single enterprise, met all minimum entitlements, and was certified as fairly negotiated. The commission also noted that there were no objections from the employees or other interested parties. Consequently, the commission approved the Martin Donnelly Pty Ltd Single Enterprise Agreement 2021, deeming it to be in the best interests of both the employer and the employees.

The final orders of the commission were that the Martin Donnelly Pty Ltd Single Enterprise Agreement 2021 be approved and registered as a single enterprise agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established