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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of MOLEC Electrical Contractors Pty Ltd, the applicant sought approval of the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2021. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act and was made in accordance with the relevant bargaining principles.

The legal issues before the Commission were whether the agreement had been made genuinely and voluntarily by the parties, and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission had to assess the process by which the agreement was negotiated, whether there was proper representation of the parties, and whether the agreement provided for terms that met or exceeded the minimum standards set by the relevant award or safety net.

The Commission found that the agreement had been negotiated in good faith and that there was proper representation of both the employer and the employees. The process was deemed to be free from any unfair practices or coercion. The agreement itself was examined in detail to ensure it included all the required minimum terms and conditions, such as those relating to wages, hours of work, leave entitlements, and other essential employment standards. The Commission concluded that the agreement met all the statutory requirements and was therefore approved.

The Fair Work Commission approved the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2021, affirming that it was made genuinely and in compliance with the Act. The decision underscores the importance of proper negotiation processes and adherence to legal standards in enterprise bargaining agreements.

MOLEC Electrical Contractors 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