Master Electrical Contractors Pty Ltd Summary

[2022] FWCA 3915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Master Electrical Contractors Pty Ltd

(AG2022/4553)

Master Electrical Contractors Pty Limited Single Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 8 NOVEMBER 2022

Application for approval of the Master Electrical Contractors Pty Limited Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Master Electrical Contractors Pty Limited Single Enterprise Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 15 November 2022. The nominal expiry date of the Agreement is 7 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Master Electrical Contractors Pty Ltd applied to the Fair Work Commission for approval of their proposed single enterprise agreement, the Master Electrical Contractors Pty Limited Single Enterprise Agreement 2022. The respondents to the application were the Electrical Trades Union of Australia and the Association of Electrical and Instrumentation Trades, both of which represent employees in the electrical industry. The nature of the dispute was the parties' disagreement over certain terms and conditions of the proposed agreement, specifically concerning pay rates, penalty rates, and conditions of employment. The application was heard by the Fair Work Commission, which is responsible for approving and rejecting enterprise agreements in Australia.

The key legal issues the Commission was required to decide related to whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. These requirements included that the agreement must not prejudice the right of employees to be protected from unfair dismissal, must not contain terms that are less favourable than the applicable award or the national employment standards, and must be certified as a genuine agreement by an independent certifier. The Commission also had to consider whether the agreement was procedurally sound, including whether there was genuine bargaining between the parties and whether the agreement had been fairly presented to the employees.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement had been certified as genuine by an independent certifier and that the bargaining process was procedurally sound. The Commission also found that the agreement did not contain terms that were less favourable than the applicable award or the national employment standards, and that it did not prejudice the right of employees to be protected from unfair dismissal. The Commission approved the proposed agreement, subject to minor amendments to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Master Electrical Contractors Pty Limited Single Enterprise Agreement 2022, subject to minor amendments to ensure compliance with the Fair Work Act 2009. The Commission found that the agreement met the statutory requirements for approval and that it had been genuinely bargained and fairly presented to the employees. The agreement will now be registered with the Fair Work Ombudsman and will apply to the employees of Master Electrical Contractors Pty Ltd.

Master Electrical Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established