DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MOLEC Electrical Contractors Pty Ltd
(AG2016/7716)

MOLEC ELECTRICAL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2016 (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 Applicant 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. 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.

[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 was approved on 13 February 2017 and, in accordance with s.54, will operate from 20 February 2017. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, MOLEC Electrical Contractors Pty Ltd sought approval of the MOLEC Electrical Contractors Pty Ltd Enterprise Agreement 2016. The dispute centred around the agreement's terms and whether they met the requirements under the Fair Work Act 2009, particularly regarding the treatment of employees and compliance with minimum standards.

The central legal issues before the court were whether the terms of the agreement unfairly disadvantaged employees and if they complied with the statutory minimum entitlements. This involved scrutinising the agreement's provisions against the Fair Work Act, including the minimum wage rates, leave entitlements, and procedural fairness in the bargaining process.

The court found that while the agreement generally met the statutory requirements, certain clauses needed rectification to ensure fairness and compliance with minimum standards. It was determined that some provisions could disadvantage employees if not amended. Consequently, the court approved the agreement with specific modifications to certain clauses, ensuring they aligned with the statutory minimums and protected employee rights.

The final orders included the approval of the enterprise agreement, subject to the specified modifications. These changes aimed to address the identified issues and ensure the agreement complied fully with the requirements of the Fair Work Act, thereby protecting the interests of both the employer and the employees.

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