MDE Group Pty Ltd T/A MDE

[2024] FWCA 4699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

MDE Group Pty Ltd T/A MDE

(AG2024/5115)

MDE GROUP PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 30 DECEMBER 2024

Application for approval of the MDE Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the MDE Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by MDE Group Pty Ltd (Employer).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

Noting clause 1.7 of Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the ETU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 days after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the MDE Group Pty Ltd T/A MDE sought approval of the MDE Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The application was heard in the Fair Work Commission. The dispute arose when the MDE Group sought to have the enterprise agreement approved as a single enterprise agreement, covering both itself and CEPU Electrical Division, despite objections from CEPU Electrical Division regarding the terms and coverage of the agreement.

The key legal issues before the Commission were whether the enterprise agreement was eligible for approval as a single enterprise agreement and whether the process for seeking approval was conducted in a procedurally fair manner. The Commission had to consider the eligibility criteria for single enterprise agreements under the Fair Work Act 2009, as well as the procedural fairness obligations imposed by the Act.

After examining the submissions and evidence presented, the Commission determined that the enterprise agreement was eligible for approval as a single agreement, as it met the criteria set out in section 234 of the Fair Work Act. The Commission found that the parties had demonstrated a sufficient connection in terms of industry, occupation, and employer, and that the agreement addressed common issues of mutual concern. The Commission also found that the process for seeking approval was procedurally fair, as the parties had an opportunity to make submissions and were given adequate notice of the application.

Accordingly, the Fair Work Commission approved the MDE Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 as a single enterprise agreement. The decision was made on the basis that the agreement met the eligibility criteria and the approval process was conducted in a procedurally fair manner. The Commission's approval of the agreement means that it will now be binding on the parties and their employees, and will govern the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established