MG Electrical Services Pty Ltd Summary

[2024] FWCA 3144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MG Electrical Services Pty Ltd

(AG2024/2538)

MG ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 AUGUST 2024

Application for approval of the MG Electrical Services Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the MG Electrical Services Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 September 2024. The nominal expiry date of the Agreement is [4 years from approval] 28 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MG Electrical Services Pty Ltd applied for approval of the MG Electrical Services Pty Ltd Enterprise Agreement 2024. The dispute involved whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The application was made by the employer, MG Electrical Services Pty Ltd, and the proceedings were contested by the union representing the employees.

The primary legal issue before the Commission was whether the enterprise agreement provided adequate protections for employees in terms of pay rates, entitlements, and conditions of employment. The Commission also needed to determine whether the agreement complied with the statutory requirements for good faith bargaining and whether it met the standards for "better off overall" for the employees. Another aspect considered was whether the agreement appropriately balanced the interests of both the employer and the employees.

After reviewing the submissions from both parties and considering the statutory requirements, the Commission found that the enterprise agreement substantially complied with the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and entitlements for employees. The Commission was satisfied that the agreement was the product of good faith bargaining and met the "better off overall" test. Consequently, the Commission approved the MG Electrical Services Pty Ltd Enterprise Agreement 2024, deeming it to be compliant with all relevant legislative provisions.

The Fair Work Commission approved the MG Electrical Services Pty Ltd Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The agreement was accepted as a fair and reasonable document that balanced the interests of both the employer and the employees.

MG Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established