DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Trades and Maintenance - Electrical Pty Ltd T/A Multiple Trades and Maintenance
(AG2015/6834)

MULTIPLE TRADES & MAINTENANCE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Multiple Trades & Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Multiple Trades & Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mine Trades and Maintenance – Electrical Pty Ltd T/A Multiple Trades and Maintenance. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 18 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mine Trades and Maintenance – Electrical Pty Ltd trading as Multiple Trades and Maintenance, applied for approval of the Multiple Trades & Maintenance Enterprise Agreement 2015. The application was heard in the Fair Work Commission, with the applicant represented by Mr. T. Williams and the respondent, Australian Manufacturing Workers Union, represented by Ms. J. Smith. The dispute centered on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements. The court needed to determine if the agreement satisfied the criteria for genuine bargaining, if it complied with the procedural requirements, and if it met the "better off overall test". The focus was on whether the agreement provided for fair terms and conditions of employment, and if it was made in good faith and without coercion.

The Fair Work Commission found that the agreement had been made in good faith and without coercion, and that the bargaining process met the statutory requirements. The court examined the terms and conditions of the agreement and concluded that it provided for fair remuneration and conditions for the employees. The better off overall test was satisfied, as the agreement was considered to be at least as good as, if not better than, the applicable award or registered agreement. Consequently, the court approved the Multiple Trades & Maintenance Enterprise Agreement 2015, finding it to be in compliance with the relevant legislative provisions.

The court ordered that the Multiple Trades & Maintenance Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

Mine Trades and Maintenance - Electrical Pty Ltd T/A Multiple Trades and Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established