DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multilec Pty Ltd
(AG2017/6535)

MULTILEC PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 19 APRIL 2018

Application for approval of the Multilec Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Multilec Pty Ltd 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 Multilec 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 19 April 2018 and, in accordance with s.54, will operate from 26 April 2018. The nominal expiry date of the Agreement is 19 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Multilec Pty Ltd, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between Multilec Pty Ltd and its employees. The enterprise agreement in question, titled "Multilec Pty Ltd Enterprise Agreement 2017 - 2021," was submitted by the employer and sought to establish terms and conditions of employment for the period spanning from 2017 to 2021. The dispute primarily revolved around the procedural fairness and compliance of the agreement with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement had been made in accordance with the mandatory requirements under the Fair Work Act. This involved assessing whether the enterprise agreement was genuinely negotiated, whether the process was procedurally fair, and if the agreement contained the necessary minimum terms as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement met the criteria for being registered by the Commission, particularly focusing on the balance of rights and obligations between the employer and employees.

In its decision, the Commission meticulously reviewed the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and the process was procedurally fair, with adequate opportunity for employee representation. Furthermore, the agreement was deemed to contain all the minimum terms required by the Fair Work Act. The Commission also concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the enterprise agreement and mandated its registration.

The Fair Work Commission ordered the registration of the Multilec Pty Ltd Enterprise Agreement 2017 - 2021, thereby making it a legally binding document between Multilec Pty Ltd and its employees for the specified period. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and contain the requisite minimum terms, while also recognising the need to balance the interests of both employers and employees.

Multilec 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