DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiple Electrical Services Pty Ltd
(AG2021/6706)

MULTIPLE ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 24 AUGUST 2021

Application for approval of the Multiple Electrical Services Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Multiple Electrical Services Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made by Multiple Electrical Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Applicant sought to correct an error in the original application by providing an amended Agreement signature page. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the materials filed by the Applicant and amended Agreement signature page, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2021. The nominal expiry date of the Agreement is four years from the date of this approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Multiple Electrical Services Pty Ltd, a registered electrical services provider, was involved in a dispute concerning the approval of their 2021 Enterprise Agreement. The application for approval was brought before the Fair Work Commission, a tribunal responsible for regulating and promoting fair work practices in Australia. The primary issue in this case was whether the 2021 Enterprise Agreement met all the necessary legal requirements for approval, including fairness and compliance with the Fair Work Act 2009.

The Fair Work Commission examined several legal issues, including whether the agreement contained all the mandatory terms required by the Fair Work Act, if the agreement had been negotiated in good faith, and whether it was fair and reasonable in all its terms. The Commission also assessed if the agreement adequately covered all employees within the enterprise bargaining agreement and if it provided fair terms and conditions of employment. A significant aspect of the review was to ensure that the agreement did not unfairly disadvantage any party and that it adhered to the broader principles of Australian labour law.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, the evidence presented, and the relevant legal standards. The Commission found that the 2021 Enterprise Agreement was comprehensive and included all the mandatory terms required by the Fair Work Act. The Commission concluded that the agreement had been negotiated in good faith and that it was fair and reasonable in its terms. The Commission determined that the agreement was beneficial to both employers and employees and did not disadvantage any party. As a result, the Fair Work Commission approved the 2021 Enterprise Agreement.

Multiple Electrical 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