DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MSM Communications T/A Newscom
(AG2017/5851)

MSM COMMUNICATION AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the MSM Communication and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the MSM Communication and ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSM Communications T/A Newscom. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MSM Communications T/A Newscom sought approval for its Enterprise Agreement 2017-2021 with the ETU, which was a matter heard by the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically whether it met the requirements for approval under section 230 of the Act. The ETU raised concerns about the agreement's provisions, arguing that they were not in the best interests of the employees and did not meet the "better off overall test" as required by the legislation.

The Fair Work Commission examined the arguments presented by both parties. It considered whether the agreement provided for a fair and reasonable outcome for the employees, taking into account various factors such as wage increases, working conditions, and the overall benefits of the agreement. The Commission also assessed if the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights and interests.

After careful consideration, the Fair Work Commission found that the agreement did indeed meet the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The agreement was approved, ensuring that the terms would apply to the employees during the specified period.

The Commission's decision was final and binding, and the agreement was approved as sought by MSM Communications T/A Newscom. The ETU's concerns were addressed and found to be unfounded, and the agreement was deemed compliant with the Fair Work Act.

MSM Communications T/A Newscom

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established