DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MDH Technologies Pty Ltd T/A MDH Electrical & Communications
(AG2016/3450)

MDH ELECTRICAL & COMMUNICATIONS ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the MDH Electrical & Communications Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the MDH Electrical & Communications Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MDH Technologies Pty Ltd T/A MDH Electrical & Communications. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MDH Technologies Pty Ltd trading as MDH Electrical & Communications for the approval of the MDH Electrical & Communications Enterprise Agreement 2016-2020. The primary issue was whether the proposed agreement complied with the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues centred on whether the agreement met the criteria for an enterprise agreement, including whether it was in writing, covered a specified period, and related to the employees' terms and conditions of employment. A further consideration was whether the agreement was made under the good faith bargaining provisions and whether it contained all necessary terms and conditions.

The Fair Work Commission determined that the agreement did meet the statutory requirements. The Commission was satisfied that the agreement was in writing, related to the employees' terms and conditions of employment, and was made under the good faith bargaining provisions. It was also found that the agreement contained all necessary terms and conditions. The Commission approved the agreement, noting that it was in the best interests of the employees and did not unfairly discriminate against any group of employees.

In light of the approval, the Fair Work Commission issued an order approving the MDH Electrical & Communications Enterprise Agreement 2016-2020. The agreement was to be registered with the Commission and would apply to the employees from the specified commencement date.

MDH Technologies Pty Ltd T/A MDH Electrical & Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established