Metrowest Electrical & Communications Pty Ltd T/A Metrowest Electrical & Communications Summary

[2014] FWCA 8635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metrowest Electrical & Communications Pty Ltd T/A Metrowest Electrical & Communications
(AG2014/8867)

METROWEST ELECTRICAL & COMMUNICATIONS ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Metrowest Electrical & Communications Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Metrowest Electrical & Communications Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metrowest Electrical & Communications Pty Ltd T/A Metrowest Electrical & Communications. 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] 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 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Metrowest Electrical & Communications Pty Ltd, trading as Metrowest Electrical & Communications, applied for the approval of the Enterprise Agreement 2014-2018. The matter was heard in the Fair Work Commission. The applicant sought to have the Enterprise Agreement approved under the Fair Work Act 2009, which requires certain agreements to be registered with the Commission to be legally enforceable.

The legal issues before the Commission were whether the agreement was a "single interest" enterprise agreement, whether the agreement was fairly negotiated, and whether the agreement met the "better off overall test." The Commission considered whether the agreement covered employees who were part of a single enterprise or multiple enterprises, whether the agreement was negotiated in good faith, and whether the agreement provided employees with no less than the applicable award or safety net. The Commission also assessed whether the agreement was likely to have a positive effect on the employees' overall conditions of employment.

The Commission found that the agreement was a single interest enterprise agreement and that it was fairly negotiated. The Commission was satisfied that the agreement met the better off overall test, as it provided employees with improved conditions, including higher rates of pay, leave entitlements, and other benefits. The Commission approved the agreement, finding that it was likely to have a positive effect on the employees' overall conditions of employment. The Commission made an order approving the Enterprise Agreement 2014-2018 as a registered agreement under the Fair Work Act 2009.

Metrowest Electrical & Communications Pty Ltd T/A Metrowest Electrical & Communications

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established