DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRB Communications Pty Ltd ATF Office Project Services Operating Trust T/A MRB Communications Pty Ltd
(AG2017/2277)

MRB COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2017

Application for approval of the MRB Communications Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MRB Communications Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MRB Communications Pty Ltd ATF Office Project Services Operating Trust T/A MRB Communications 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2017. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved MRB Communications Pty Ltd, trading as MRB Communications Pty Ltd, and the Australian Communications and Media Authority (ACMA). MRB Communications sought approval for its Single Enterprise Agreement 2017. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The legal issues at hand centred on whether the agreement complied with the relevant provisions of the Act, including whether it provided for minimum entitlements and allowed for the resolution of disputes.

The FWC examined whether the agreement provided for the minimum entitlements as stipulated in the Fair Work Act, such as minimum wages, penalty rates, leave provisions, and other conditions of employment. It also assessed the agreement's provisions for dispute resolution, ensuring they were in line with the Act's requirements. The FWC considered submissions from both parties, including evidence regarding the agreement's negotiation process and its practical application in the workplace. After careful consideration, the FWC found that the agreement met the necessary legal standards.

The FWC approved the MRB Communications Pty Ltd Single Enterprise Agreement 2017, determining it complied with the Fair Work Act. The Commission found that the agreement provided for the requisite minimum entitlements and included appropriate dispute resolution mechanisms. The FWC noted the agreement's negotiation process and its practical application, which demonstrated compliance with the Act. The decision confirmed the agreement's validity and authorised its use in the workplace.

MRB Communications Pty Ltd ATF Office Project Services Operating Trust T/A MRB Communications 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