DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Power Solutions Pty Ltd T/A MPS Building & Electrical
(AG2016/3998)

MINE POWER SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Mine Power Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mine Power Solutions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mine Power Solutions Pty Ltd T/A MPS Building & Electrical. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 12 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mine Power Solutions Pty Ltd, trading as MPS Building & Electrical, applied to the Fair Work Commission for the approval of the Mine Power Solutions Pty Ltd Enterprise Agreement 2016. The application arose from negotiations between the employer and the Australian Manufacturing Workers' Union, representing the employees. The dispute centred on the terms of the proposed enterprise agreement, which the union sought to have approved by the Commission. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it contained all the mandated terms and conditions and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees and if it adhered to the principles of contemporary awards and the national minimum workplace standards.

In its decision, the Commission found that the Mine Power Solutions Pty Ltd Enterprise Agreement 2016 did indeed meet the statutory requirements. It was determined that the agreement had been made in good faith, without any evidence of coercion. Furthermore, the terms and conditions of the agreement were deemed fair and reasonable, aligning with the principles of contemporary awards and national minimum standards. Consequently, the Commission approved the agreement, confirming its compliance with the relevant legislative framework.

The final orders of the Commission were that the Mine Power Solutions Pty Ltd Enterprise Agreement 2016 be approved and registered as an enterprise agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's approval and was to be binding on all parties involved.

Mine Power Solutions Pty Ltd T/A MPS Building & Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established