MDE Group Pty Limited
[2019] FWCA 6882
•4 OCTOBER 2019
| [2019] FWCA 6882 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Enterprise agreement
MDE Group Pty Limited
(AG2019/1667)
MDE Group Pty Limited Single Enterprise Agreement 2019
| Electrical contracting industry | |
| Commissioner Bissett | MELBOURNE, 4 OCTOBER 2019 |
Application for approval of the MDE Group Pty Limited Single Enterprise Agreement 2019.
MDE Group Pty Limited (MDE) made an application for approval of the MDE Group Pty Limited Single Enterprise Agreement 2019 (Agreement) on 20 May 2019.
On 12 September 2019 after hearing from The National Electrical Contractors Association (NECA) for MDE and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as a bargaining representative, I issued a decision[1] in which I found that the Agreement had been genuinely agreed to and, subject to the provision of Undertakings as sought, would result in employees being better off overall.
I have now received signed Undertakings from MDE. I do not consider that acceptance of those Undertakings will cause financial detriment to employees or result in substantial changes to the Agreement.
Those Undertakings were provided to the CEPU and their views sought. The CEPU made no comment on the Undertakings although did respond that it was their view that the Agreement was not genuinely agreed to (a matter already dealt with).
Having sought Undertakings pursuant to s.190(3) of the Fair Work Act 2009 (FW Act) I accept the Undertakings.
In accordance with s.191(1) of the FW Act, the Undertakings are taken to be a term of the Agreement. A copy of the Undertakings is attached as an Annexure to this decision.
Subject to the Undertakings, 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(1) of the FW Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 11 October 2023.
COMMISSIONER
Annexure A
[1] [2019] FWCA 6200.
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