DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiple Electrical Services Pty Ltd
(AG2017/2053)

MULTIPLE ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT: 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 30 JUNE 2017

Application for approval of the Multiple Electrical Services Pty Ltd Enterprise Agreement: 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Multiple Electrical Services Pty Ltd Enterprise Agreement: 2017 – 2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multiple Electrical 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 30 June 2017 and, in accordance with s.54, will operate from 7 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Multiple Electrical Services Pty Ltd sought approval for an Enterprise Agreement covering the period 2017 to 2021. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval. The primary issue was whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was certified by an independent assessor and whether it contained certain mandatory terms.

The Commission found that the agreement was certified by an independent assessor and included all the mandatory terms required by the Act. The Commission also considered the fairness of the agreement, including whether it provided for reasonable working conditions and whether it was in the best interests of the employees. The Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of the parties. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by the parties. The Commission found that the agreement provided for reasonable working conditions and was in the best interests of the employees. The Commission also noted that the agreement was the result of genuine bargaining between the parties and was not imposed on the employees. The Commission approved the agreement, subject to certain modifications, which were designed to ensure compliance with the Act and to address any concerns raised by the parties.

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