DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mi Electric Pty Ltd ATF Mi Electric Trust t/a Mi Electric Pty Ltd
(AG2016/181)

MI ELECTRIC ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 3 MARCH 2016

Application for approval of the Mi Electric Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Mi Electric Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mi Electric Pty Ltd ATF Mi Electric Trust t/a Mi Electric Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will operate from 10 March 2016. The nominal expiry date of the Agreement is 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Mi Electric Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The dispute arose over the approval of the Mi Electric Enterprise Agreement 2016-2018, which the union sought to have recognised as a lawful agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, an Australian federal statutory tribunal. The union sought to have the agreement approved under section 173 of the Act, arguing that it met the necessary criteria, while the employer contested the union's claim that it represented a majority of the relevant employees.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval and if the union effectively represented the majority of the employees. Key considerations included the proper certification of the union, the correct classification of the employees, and whether the agreement was made in good faith and without coercion. The Commission needed to determine if the union had correctly certified that it represented a majority of the employees and if the agreement was fairly negotiated and did not disadvantage any employee.

The Fair Work Commission found that the union had appropriately certified that it represented a majority of the relevant employees. The Commission also determined that the agreement was made in good faith and did not disadvantage any employee. Consequently, the Commission approved the Mi Electric Enterprise Agreement 2016-2018 as a lawful agreement under the Fair Work Act 2009. The decision was based on the evidence provided by the union regarding the certification process and the fairness of the agreement, which satisfied the statutory requirements for approval.

The final orders of the Fair Work Commission were that the Mi Electric Enterprise Agreement 2016-2018 be approved as a lawful agreement. This decision provided certainty to both the employer and the employees, ensuring that the terms of the agreement would be legally binding and enforceable.

Mi Electric Pty Ltd ATF Mi Electric Trust t/a Mi Electric 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