DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MELCHOR CONTRACTING PTY LTD
(AG2017/5808)

MELCHOR CONTRACTING PTY LTD, ELECTRICAL & INSTRUMENTATION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JANUARY 2018

Application for approval of the Melchor Contracting Pty Ltd, Electrical & Instrumentation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melchor Contracting Pty Ltd, Electrical & Instrumentation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MELCHOR CONTRACTING 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. 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.

[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 10 January 2018 and, in accordance with s.54, will operate from 17 January 2018. The nominal expiry date of the Agreement is 10 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Melchor Contracting Pty Ltd, sought approval of the Electrical & Instrumentation Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was required to determine whether the agreement was suitable for registration under the Fair Work Act 2009. The application was opposed by various unions and individual employees, who raised concerns about the terms and conditions of the agreement, particularly in relation to wage rates, penalty rates, and other employment provisions.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, including the provisions relating to genuine agreement, coverage, and the public interest. The Commission had to consider whether the agreement was genuinely negotiated, covered all employees within the relevant enterprise, and was in the public interest. The unions and employees argued that the agreement did not provide adequate wage increases and failed to protect employee rights and conditions.

The Commission found that the agreement was genuinely negotiated and covered all relevant employees. It determined that the agreement provided for reasonable wage increases and other terms and conditions that were in the public interest. The Commission concluded that the agreement met the statutory requirements and approved it for registration. The unions and employees' objections were dismissed, and the agreement was approved for registration under the Fair Work Act.

The Fair Work Commission approved the Electrical & Instrumentation Enterprise Agreement 2017 for registration. The agreement was deemed to be genuinely negotiated, to cover all relevant employees, and to be in the public interest. The Commission dismissed the objections raised by the unions and employees, and the agreement was registered under the Fair Work Act.

MELCHOR CONTRACTING 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