DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MME Underground Services Pty Ltd T/A MME Underground Services
(AG2018/2659)

MME UNDERGROUND SERVICES ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 SEPTEMBER 2018

Application for approval of the MME Underground Services Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the MME Underground Services Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MME Underground Services Pty Ltd T/A MME Underground Services. 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MME Underground Services Pty Ltd, trading as MME Underground Services, brought an application to the Fair Work Commission seeking approval of the MME Underground Services Enterprise Agreement 2017-2021. The application arose due to a dispute regarding the terms and conditions of employment between the employer and the employees represented by the Australian Services Union (ASU). The nature of the dispute centred on the validity and enforceability of certain provisions in the proposed agreement, particularly those related to employee entitlements and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the safety of employees, if it was free from coercion, and if it contained minimum terms and conditions that met or exceeded the relevant award or registered agreement. Additionally, the Commission had to assess whether the agreement facilitated a productive workplace relationship and if it was otherwise consistent with the objectives of the Fair Work Act.

The Commission examined the evidence presented by both parties, including submissions from the ASU and MME Underground Services. The Commission found that the agreement generally complied with the requirements of the Act. It provided for the safety and health of employees and contained provisions for minimum wages and conditions that met or exceeded the relevant award. Furthermore, the Commission concluded that the agreement facilitated a productive workplace relationship and did not contain any provisions that were contrary to public policy. The Commission approved the MME Underground Services Enterprise Agreement 2017-2021, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the MME Underground Services Enterprise Agreement 2017-2021, with specific modifications to address minor deficiencies identified during the review. The modifications included clarifying certain dispute resolution processes and ensuring that employee entitlements were clearly outlined in the agreement. The employer and the union were directed to implement these changes within a specified timeframe.

MME Underground Services Pty Ltd T/A MME Underground Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established