DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mechanical Electrical Controls Pty Ltd
(AG2014/7762)

MECHANICAL ELECTRICAL CONTROLS PTY LTD ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Mechanical Electrical Controls Pty Ltd Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Electrical Controls Pty Ltd Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mechanical Electrical Controls Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Mechanical Electrical Controls Pty Ltd and the Electrical Trades Union of Australia. The dispute centred around the application for approval of the Mechanical Electrical Controls Pty Ltd Enterprise Agreement 2014 - 2016. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues that the FWC had to decide included whether the agreement was a genuine enterprise agreement, whether it had been fairly negotiated, and if it contained the necessary provisions to be considered a safety net agreement. Additionally, the FWC had to assess whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009.

The FWC found that the Mechanical Electrical Controls Pty Ltd Enterprise Agreement 2014 - 2016 was a genuine enterprise agreement that had been fairly negotiated. The agreement was deemed to be a safety net agreement as it provided minimum terms and conditions of employment that were no less favourable than the relevant awards or registered agreements. The FWC also confirmed that the agreement met all the statutory requirements for approval under the Fair Work Act 2009. Consequently, the FWC approved the agreement.

The FWC's approval of the agreement was based on its findings that the agreement was a genuine enterprise agreement, had been fairly negotiated, and contained all the necessary provisions to be considered a safety net agreement. The FWC also found that the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The FWC's decision was binding and the agreement was approved for the specified period.

Mechanical Electrical Controls Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established