DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metrowest Electrical & Communications Pty Ltd
(AG2019/2863)

METROWEST ELECTRICAL & COMMUNICATIONS ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 19 SEPTEMBER 2019

Application for approval of the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Metrowest Electrical & Communications Pty Ltd (the Applicant) for approval of the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 26 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings addressing the concerns raised, on 30 August 2019. Amended undertakings were provided to Chambers on 10 September 2019.

[4] The undertakings dated 10 September 2019 meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I also observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.1.1. – Annual Leave;

• Clause 7.2.3. – Personal/Carer’s Leave; and

• Clause 8.1.7. – Termination.

[6] However, noting clause 3.5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5] and [6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement lodged contained a typographical error at clause 7.7.5. On 30 August 2019, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act, along with an amended copy of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.2.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Metrowest Electrical & Communications Pty Ltd, sought approval for the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023. The dispute centred around the terms and conditions of employment for employees of Metrowest Electrical & Communications. The matter was heard before the Commission, which was tasked with determining whether the agreement complied with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was procedurally valid, whether it was substantively fair, and whether it met the criteria for being made under a single-employer bargaining model.

The Commission found that the agreement was procedurally valid, having been negotiated in good faith and meeting all the necessary procedural requirements. It also found that the agreement was substantively fair, with terms and conditions that were reasonable in all the circumstances. The Commission took into account the parties' bargaining positions, the industry context, and the need to balance the interests of both employers and employees. The Commission determined that the agreement met the criteria for being made under a single-employer bargaining model, and that it was appropriate for the specific circumstances of Metrowest Electrical & Communications.

As a result, the Commission approved the Metrowest Electrical & Communications Enterprise Agreement 2019 - 2023, subject to certain conditions and modifications to address minor procedural and substantive concerns. The final orders of the Commission required the agreement to be registered with the Fair Work Commission, and mandated that the parties comply with the terms and conditions set out in the approved agreement.

Metrowest Electrical & Communications 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