MG Cable Solutions Pty Limited T/A MG Cable Solutions

[2019] FWCA 4374

[2019] FWCA 4374

FAIR WORK COMMISSION

DECISION

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

MG Cable Solutions Pty Limited T/A MG Cable Solutions
(AG2019/91)

MG CABLE SOULTIONS PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 24 JUNE 2019

Application for approval of the MG Cable Soultions Pty Ltd Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by MG Cable Solutions Pty Limited T/A MG Cable Solutions (the applicant) for the approval of an enterprise agreement known as the MG Cable Soultions Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[1] I note that it appears the Applicant has misspelt the name of the Agreement. 1

[2] The Employer has provided written undertakings regarding the following:

•  the non-engagement of school-based apprentices and trainees;

•  the payment of time off in lieu of termination; and

•  pay rates for employees and apprentices.

[3] A copy of the undertakings is attached at the end of the Agreement. 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. The employee bargaining representative has approved the undertakings.

[4] 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.

[5] The application was not lodged within 14 days after the agreement was made. The applicant stated in its F17 Employer Statutory Declaration that the Agreement was not lodged within the 14 day period due to management being away on annual leave following the Agreement being made during the Christmas period. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 24 June 2023.

DEPUTY PRESIDENT

 1   “Soultions” vis a vis ‘Solutions.’ Also, Clause (1) of the Agreement refers to the Agreement title as “Company Name Pty Ltd Single Enterprise Agreement 2018.”

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