Master Electrical Contractors Pty Ltd

[2018] FWCA 6885

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Master Electrical Contractors Pty Ltd

(AG2018/3073)

Master Electrical Contractors Pty Limited Single Enterprise Agreement 2018

Electrical contracting industry
Commissioner McKinnon	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Master Electrical Contractors Pty Ltd Single Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Master Electrical Contractors Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Electrical Contractors Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. 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.

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 is approved and, in accordance with s.54 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 8 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Master Electrical Contractors Pty Ltd Single Enterprise Agreement 2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The parties to the agreement were Master Electrical Contractors Pty Ltd and the Electrical Trades Union of Australia, representing the employees. The dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act and the FWC's regulations.

The primary legal issue before the Commission was whether the agreement had been appropriately made and whether it provided for fair and reasonable terms and conditions of employment. This involved assessing whether the agreement was genuinely negotiated, and whether it provided for a safety net of minimum terms and conditions. The FWC had to consider whether the agreement met the procedural requirements, such as the provision of full particulars and the opportunity for employees to be represented by a registered union. Additionally, the FWC assessed whether the substantive provisions of the agreement were fair and reasonable, including matters such as pay rates, hours of work, and other employment conditions.

The FWC determined that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The Commission noted that the agreement provided for a safety net of minimum terms and conditions, ensuring that employees would not be paid less than the applicable award or registered agreement. The FWC was satisfied that the procedural requirements had been met, including the provision of full particulars and the opportunity for employee representation. As a result, the FWC approved the agreement, finding that it met all the necessary criteria under the Fair Work Act 2009. The FWC's decision was based on the evidence presented and the legal framework governing enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established