Midrim Electrics Pty Ltd

[2022] FWCA 1054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Midrim Electrics Pty Ltd

(AG2022/615)

Midrim Electrics Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2022

Application for approval of the Midrim Electrics Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Midrim Electrics Pty Ltd has made an application for approval of an enterprise agreement known as the Midrim Electrics Pty. Ltd. ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 25 March 2022 and, in accordance with s 54, will operate from 1 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Midrim Electrics Pty Ltd was before the Fair Work Commission, where the application for the approval of the Midrim Electrics Pty Ltd ETU Enterprise Agreement 2021 – 2025 was heard. The application was made by the Electrical Trades Union (ETU), the employer, and the employee representatives. The primary nature of the dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement for the period spanning from 2021 to 2025.

The legal issues that the Fair Work Commission had to address centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement met the statutory requirements, such as the procedural fairness, the good faith bargain, and whether it provided for minimum entitlements as mandated by the Act. The Commission also had to consider the fairness of the terms and conditions proposed in the agreement to ensure they were reasonable and equitable for both the employer and the employees.

Upon reviewing the application, the Fair Work Commission found that the proposed agreement adhered to the necessary legal standards and procedural requirements. The Commission was satisfied with the evidence presented by the ETU and the employer, which demonstrated that the agreement was the product of a genuine negotiation process. The terms and conditions were considered fair and reasonable, taking into account the economic climate and the specific needs of the industry. Consequently, the Fair Work Commission approved the Midrim Electrics Pty Ltd ETU Enterprise Agreement 2021 – 2025, making it legally binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established