DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MTG Training Pty Ltd
(AG2018/7158)

MTG TRAINING PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 20 MAY 2019

Application for approval of the MTG Training Pty Ltd Enterprise Agreement 2018 - 2022.

[1] Application has been made for approval of a single enterprise agreement known as the MTG Training Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MTG Training Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Australian Education, University and Professional Association (AEUP) for approval of the MTG Training Pty Ltd Enterprise Agreement 2018 - 2022. The applicant was seeking to have the agreement registered with the Fair Work Commission under section 234 of the Fair Work Act 2009 (Cth). The respondent, MTG Training Pty Ltd, did not oppose the application but submitted that the agreement should be registered with specific modifications. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement provided for terms and conditions of employment that were, among other things, fair and reasonable. The court had to determine if the agreement was appropriate for the purposes of providing for a fair system of regulating employment in the industry and if it provided for the proper management of the enterprise. The court also needed to consider the submissions made by the respondent regarding the modifications that should be made to the agreement.

The court found that the agreement, as submitted, contained provisions that were not fair and reasonable. Specifically, the court noted that certain provisions regarding pay rates and conditions did not align with the principles of fairness and reasonableness. The court held that the agreement should be registered with modifications to address these issues. The court accepted the modifications proposed by the respondent, which included adjustments to the pay rates and conditions provisions. Consequently, the court ordered that the agreement be registered with these modifications.

The final orders of the court were that the agreement be registered with the modifications proposed by the respondent. The agreement, as modified, was to be effective from 1 April 2018. The court also ordered that the agreement be published in the Federal Register of Legislation and that the applicant take all necessary steps to ensure compliance with the agreement by the parties involved.

MTG Training 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