DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MJ Energy Pty Ltd
(AG2019/56)

M J ENERGY & CEPU ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2019

Application for approval of the M J Energy & CEPU Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the M J Energy & CEPU Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MJ Energy Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MJ Energy Pty Ltd recently came before the Fair Work Commission, with the company applying for the approval of the MJ Energy and CEPU Enterprise Agreement 2018-2021. The dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including ensuring that it provided for fair and reasonable terms and conditions of employment. The key legal issues included whether the agreement complied with the procedural requirements set out in the Act and whether it met the criteria for being considered "better off overall" for the employees.

The Commission examined the submissions and evidence presented by both parties, focusing on the fairness and reasonableness of the terms and conditions proposed in the agreement. It considered whether the agreement provided for a fair and reasonable rate of pay, including any loadings, allowances, or penalty rates, and whether it allowed for a reasonable amount of paid annual leave and paid personal/carer’s leave. The Commission also assessed whether the agreement contained appropriate provisions for shift work and rosters, and whether it included any special leave provisions. Additionally, the Commission evaluated whether the agreement met the requirements for being "better off overall" for the employees, taking into account all aspects of the proposed terms and conditions.

After thorough consideration of the evidence and submissions, the Commission found that the MJ Energy and CEPU Enterprise Agreement 2018-2021 met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it was found to be better off overall for the employees. The Commission approved the agreement, highlighting its compliance with the Fair Work Act 2009 and its potential to enhance the working conditions for the employees involved. This decision marks the formal acceptance of the proposed terms and conditions, which will now govern the employment relationship between MJ Energy Pty Ltd and its employees as represented by the CEPU.

MJ Energy 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