Melbourne Apprenticeship Group T/A MAG Apprenticeships

[2022] FWCA 4334

[2022] FWCA 4334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Melbourne Apprenticeship Group T/A MAG Apprenticeships

(AG2022/4926)

MAG Apprenticeships Queensland Collective AGREEMENT 2022-2026

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2022

Application for approval of the MAG Apprenticeships Queensland Ltd Apprentice/Trainee Enterprise Agreement 2022 - 2026

1. An application has been made for approval of an enterprise agreement known as the MAG Apprenticeships Queensland Ltd Apprentice/Trainee Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Apprenticeship Group T/A MAG Apprenticeships. The Agreement is a single enterprise agreement.

1. The Agreement was unclear as to how the employees were better off overall than they would be under the Award. Specifically, I was concerned that employees would be receiving a tool allowance lower than the one listed in the Electrical, Electronic and Communications Contracting Award 2020 (the Award).

1. On 14 December 2022, the Employer provided written undertakings confirming that the tool allowance of $450 per year provided in clause 4.3 and Appendix 5 was in addition to the tool allowance from the Award of $20.89 per week. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking addresses my concerns and 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 14 December 2026. 

COMMISSIONER
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Annexure A