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.”

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MG Cable Solutions Pty Limited T/A MG Cable Solutions applied to the Fair Work Commission for the approval of its 2018 Single Enterprise Agreement. The application was made under the Fair Work Act 2009, which governs the approval process for enterprise agreements in Australia. The legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it was fair and reasonable in all its terms.

The Commission considered whether the agreement met the procedural requirements, such as being in writing and signed by a majority of the employees. Additionally, the Commission examined whether the agreement covered the necessary topics and if it adhered to the provisions of the Fair Work Act regarding minimum entitlements. The Commission also assessed whether the agreement provided a safety net of minimum terms and conditions and if it was consistent with the fundamental principles of the Act, including the protection of vulnerable employees.

The Commission found that the agreement met all the procedural and substantive requirements of the Act. It was in writing and had been signed by a majority of the employees. The agreement covered all the necessary topics and provided a safety net of minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable in all its terms, taking into account the nature of the business and the bargaining power of the parties. Consequently, the Commission approved the agreement.

The Commission made an order approving the MG Cable Solutions Pty Limited T/A MG Cable Solutions 2018 Single Enterprise Agreement. The order was made under section 232 of the Fair Work Act 2009. The approved agreement will now apply to the employees covered by it, and the terms and conditions set out in the agreement will govern their employment.

MG Cable Solutions Pty Limited T/A MG Cable Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established