MRAEL Limited Summary

[2023] FWCA 788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MRAEL Limited

(AG2023/486)

MRAEL Limited Electrical Apprentice and Trainee Queensland Enterprise Agreement 2023-2026

Industries not otherwise assigned
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2023

Application for approval of the MRAEL Limited Electrical Apprentice and Trainee Queensland Enterprise Agreement 2023-2026

MRAEL Limited has made an application for approval of an enterprise agreement known as the MRAEL Limited Electrical Apprentice and Trainee Queensland Enterprise Agreement 2023-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 14 March 2023 and, in accordance with s 54, it will operate from 21 March 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved an application for the approval of the MRAEL Limited Electrical Apprentice and Trainee Queensland Enterprise Agreement 2023-2026. The applicant, MRAEL Limited, sought to have the agreement recognised as a suitable instrument for the regulation of employment terms and conditions for electrical apprentices and trainees. The Commission was required to determine whether the agreement met the requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the agreement adequately addressed the needs of both the employer and employees, including provisions for wages, hours of work, and other employment conditions. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the need for a balance between the interests of the employer and the employees. Additionally, the Commission needed to ensure that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. It noted that the agreement included provisions for wages, hours of work, and other employment conditions that were commensurate with the needs of both parties. The Commission considered the agreement to be in line with the objectives of the Fair Work Act and the Fair Work Regulations. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for being recognised as a suitable instrument for regulating the terms and conditions of employment for electrical apprentices and trainees. The Commission's decision was based on the comprehensive nature of the agreement and its alignment with the statutory requirements.

MRAEL Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established