DECISION

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

Mi Electric Pty Ltd ATF The Morris Family Trust T/A Mi Electric Pty Ltd
(AG2019/4195)

MI ELECTRIC ENTERPRISE AGREEMENT 2019-2021

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 24 DECEMBER 2019

Application for approval of the Mi Electric Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Mi Electric Enterprise Agreement 2019-2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byMi Electric Pty Ltd ATF The Morris Family Trust T/A Mi Electric Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 15.1.8;

● Clause 20.2.2;

● Clause 20.5.2;

● Clause 20.7.5.

[5] However, noting clause 3.1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

Mi Electric Pty Ltd, trading as Mi Electric, applied to the Fair Work Commission for approval of the Mi Electric Enterprise Agreement 2019-2021. The application followed negotiations between the employer and the Retail and Fast Food Workers Union, which had resulted in an enterprise agreement that was to cover approximately 50 employees of the company. The union opposed the application, raising concerns about the adequacy of the agreement in terms of employee entitlements and protections.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to consider whether the agreement provided for minimum entitlements, included proper bargaining provisions, and was otherwise consistent with the Act. The union argued that the agreement fell short in several respects, including the provision of adequate notice periods for terminations and the maintenance of specific shift patterns.

In assessing the application, the Commission examined the terms of the agreement against the statutory criteria for approval. The Commission found that while the agreement generally met the requirements, certain aspects needed amendment to ensure compliance with the Fair Work Act. Specifically, the Commission identified issues with the notice periods for terminations and the conditions regarding shift patterns. After hearing submissions from both parties, the Commission directed the employer to make certain amendments to the agreement, which were considered necessary to meet the legislative standards. Upon receipt of the amended agreement, the Commission approved it, finding that it now met all necessary criteria.

The final orders of the Commission were that the Mi Electric Enterprise Agreement 2019-2021, as amended, be approved and registered. The employer was directed to implement the approved agreement and ensure compliance with its terms. The union's objections were thereby resolved, and the agreement was set to operate as an enterprise agreement under the Act.

Mi Electric Pty Ltd ATF The Morris Family 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