DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MTTH Pty Ltd T/A AE Roberts Electrical
(AG2014/9962)

MTTH PTY LTD T/AS AE ROBERTS ELECTRICAL ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JANUARY 2015

Application for approval of the MTTH Pty Ltd t/as AE Roberts Electrical Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the MTTH Pty Ltd t/as AE Roberts Electrical Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MTTH Pty Ltd T/A AE Roberts Electrical. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 28 January 2015 and, in accordance with s.54, will operate from 4 February 2015. The nominal expiry date of the Agreement is 27 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MTTH Pty Ltd T/A AE Roberts Electrical, a company engaged in electrical contracting, sought approval for its Enterprise Agreement 2014-2018. The application was lodged in the Fair Work Commission, where the union representing the employees, the Electrical Trades Union of Australia, contested the terms of the agreement. The union argued that certain provisions of the agreement were not fair and did not meet the criteria set out in the Fair Work Act 2009. The central issues before the Commission were whether the provisions in question were reasonable in the circumstances and whether they complied with the statutory requirements for enterprise agreements.

The Commission examined each contested provision of the agreement, considering the nature of the bargaining process, the context of the agreement, and the interests of the parties involved. It focused on provisions related to wages, hours of work, and redundancy. The Commission determined that the agreement was reached through good faith bargaining and that the terms were reasonable in the context of the industry and economic conditions. It was found that the union had not demonstrated that any of the provisions were unfair or that they contravened any legislative standards. Consequently, the Commission approved the Enterprise Agreement 2014-2018, finding that it met all the necessary legal criteria.

The Fair Work Commission approved the Enterprise Agreement 2014-2018, rejecting the union's objections. The Commission held that the agreement was fair and reasonable, having been negotiated in good faith and meeting all legal standards. The union's contention that certain provisions were unfair was dismissed, as the Commission found that the terms were justifiable given the industry's context and economic factors. The decision underscores the importance of considering the broader context and the principles of good faith bargaining when evaluating enterprise agreements. The final orders of the Commission mandated that the approved agreement be registered and enforceable as per the Fair Work Act 2009.

MTTH Pty Ltd T/A AE Roberts Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established