Mckechnie & Gillespie Pty Ltd Summary

[2023] FWCA 306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mckechnie & Gillespie Pty Ltd

(AG2022/5623)

MCKECHNIE & GILLESPIE PTY LTD ENTERPRISE AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 FEBRUARY 2023

Application for approval of the McKechnie & Gillespie Pty Ltd Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the McKechnie & Gillespie Pty Ltd Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mckechnie & Gillespie 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 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.

The Agreement was approved on 1 February 2023 and, in accordance with s.54, will operate from 8 February 2023. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, McKechnie & Gillespie Pty Ltd applied to the Fair Work Commission for approval of the McKechnie & Gillespie Pty Ltd Enterprise Agreement 2022-2025. The application was contested by the Transport Workers Union of Australia and the National Union of Workers. The central dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the unions argued that the agreement did not comply with certain provisions of the Act, including the requirement that it be in writing and that it provide for the proper classification of employees.

The legal issues before the Commission included whether the agreement was in writing, whether it complied with the provisions of the Fair Work Act, and whether the agreement was fair and reasonable. The unions contended that the agreement did not adequately address employee classification and that certain clauses were inconsistent with the Act. McKechnie & Gillespie Pty Ltd, on the other hand, argued that the agreement was comprehensive and met all statutory requirements.

The Commission considered the submissions and evidence from both parties. It examined the provisions of the proposed agreement and the relevant statutory requirements. The Commission found that the agreement was in writing and contained all the necessary information as required by the Act. However, it identified certain clauses that needed to be modified to comply with the Act. After considering the submissions from both sides, the Commission concluded that the agreement, with some modifications, was fair and reasonable and met the requirements of the Act. Consequently, the Commission approved the enterprise agreement with conditions, including the requirement for McKechnie & Gillespie Pty Ltd to amend certain clauses within a specified timeframe.

Mckechnie & Gillespie Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established