MOLEC Electrical Contractors Pty Ltd

[2021] FWCA 1331

[2021] FWCA 1331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MOLEC Electrical Contractors Pty Ltd
(AG2021/384)

MOLEC ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 16 MARCH 2021

Application for approval of the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MOLEC Electrical Contractors 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. The undertakings are taken to be a term of the agreement.

[3] A short hearing of the matter was convened on Thursday, 11 March 2021 which was attended by Mr Tom Kelly, a Director of MOLEC and Ms Ruth Kelly, the Applicant’s Office Support person and Internal Auditor and Mr Pele Manivong, a person bound by the proposed Agreement and the employee who signed the Agreement. The hearing was convened owing to residual concerns held by me about the explanation given by the Applicant to employees about the terms of the Agreement and the effect of those terms (s.180(5)). The hearing left me satisfied there had been a sufficient and cogent explanation of the Agreement’s terms and their effect.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2021. The nominal expiry date of the Agreement is 16 March 2025.

COMMISSIONER

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Annexure A