DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MTCT Services Pty Ltd
(AG2017/4650)

UGL SMNW ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the UGL SMNW Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the UGL SMNW 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 MTCT Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 7 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MTCT Services Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer and its employees. The agreement, known as the UGL SMNW Enterprise Agreement 2017 - 2021, was submitted for consideration under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for approval, including that it provided for fair and reasonable terms and conditions of employment and did not adversely affect the "better off overall test" for employees.

The legal issues before the Commission involved assessing whether the agreement adequately addressed the parties' interests, whether the proposed terms were fair and reasonable, and whether the agreement was consistent with the principles of the Fair Work Act. Additionally, the Commission had to determine if the agreement met the "better off overall test," which requires that employees be no worse off financially and, ideally, better off overall compared to their existing conditions of employment.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. The agreement included provisions that were consistent with the principles of the Fair Work Act and did not negatively impact the employees' existing conditions. Furthermore, the Commission determined that the agreement met the "better off overall test," as employees would not be worse off and, in many cases, would be better off financially under the new agreement. Therefore, the Commission approved the UGL SMNW Enterprise Agreement 2017 - 2021, finding it to be fair and reasonable and compliant with the statutory requirements.

The Fair Work Commission approved the UGL SMNW Enterprise Agreement 2017 - 2021, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

MTCT Services 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