DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MultiTek Solutions Pty Ltd T/A MultiTek Solutions
(AG2018/6666)

MULTITEK SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 MAY 2019

Application for approval of the MultiTek Solutions Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the MultiTek Solutions Pty Ltd Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by MultiTek Solutions Pty Ltd T/A MultiTek Solutions (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MultiTek Solutions Pty Ltd, trading as MultiTek Solutions, recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question governs the employment terms for the company’s employees during the period 2019 to 2022. The nature of the dispute involved the fairness and compliance of the proposed agreement with the relevant industrial legislation, specifically the Fair Work Act 2009. The parties involved were the employer, MultiTek Solutions Pty Ltd, and the employees, represented by a union.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act, particularly in terms of the process by which it was negotiated, the fairness of its provisions, and its compliance with the procedural fairness requirements. The court needed to consider whether the agreement was genuinely negotiated between the employer and the employees and whether it contained terms that were fair and reasonable in all circumstances. Additionally, the court had to examine if the process leading to the agreement was transparent and whether it adhered to the principles of procedural fairness.

The Fair Work Commission determined that the enterprise agreement was indeed fairly negotiated and complied with the necessary legal standards. The court found that the agreement had been reached through a genuine negotiation process, involving meaningful discussions between the employer and the union representatives. Furthermore, the terms of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the employees and the employer. The court also confirmed that the process leading to the agreement was transparent and adhered to procedural fairness principles. Based on these findings, the Fair Work Commission approved the enterprise agreement, allowing it to be legally binding between the employer and the employees.

MultiTek Solutions Pty Ltd T/A MultiTek Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established