DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MECSYS Pty Ltd
(AG2019/2055)

MECSYS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the MECSYS Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the MECSYS Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MECSYS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MECSYS Pty Ltd sought approval for the MECSYS Pty Ltd Enterprise Agreement 2019-2023, which was negotiated between the employer and various unions representing the employees. The unions had raised concerns about certain provisions in the agreement, prompting the need for the Commission to review and determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was free from prohibited content. Specifically, the Commission needed to consider whether certain clauses in the agreement, which the unions argued were unfair or discriminatory, complied with the Act.

The Commission examined the agreement clause by clause, taking into account submissions from both the employer and the unions. It determined that while most of the agreement was in compliance with the Act, certain provisions needed to be amended to ensure they met the necessary standards. The Commission concluded that the overall agreement provided for fair and reasonable terms and conditions for employees and was therefore suitable for approval. However, it required modifications to specific clauses to address the unions' concerns about fairness and non-discrimination.

As a result, the Commission approved the enterprise agreement with conditions that required the employer to amend certain clauses within a specified timeframe. The modifications were aimed at ensuring that the agreement met the requirements of the Fair Work Act and addressed the unions' concerns. The employer was directed to implement the necessary changes and notify the Commission of the amendments. The approved agreement, with the specified conditions, was thus endorsed by the Commission.

MECSYS 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