DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray District Electrical Pty Ltd T/A MDE Electrical
(AG2019/4772)

MDE ELECTRICAL ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 4 MARCH 2020

Application for approval of the MDE Electrical Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the MDE Electrical Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray District Electrical Pty Ltd T/A MDE Electrical. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 3 March 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murray District Electrical Pty Ltd, trading as MDE Electrical, filed an application for the approval of the MDE Electrical Enterprise Agreement 2019-2023. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute arose from the proposed terms and conditions of employment outlined in the agreement, which needed to be assessed for compliance with the legislative framework.

The central legal issues before the FWC included whether the agreement provided for the proper minimum entitlements of employees, whether it contained appropriate dispute resolution processes, and if the agreement had been genuinely negotiated. Additionally, the FWC had to consider if the agreement met the requirement of covering a genuine enterprise, as well as the procedural fairness of the negotiation process.

In reaching its decision, the FWC examined the evidence presented by both parties. It considered the nature of the negotiations, the extent of employee participation, and whether the agreement addressed all mandatory terms and conditions as required by the Act. The FWC determined that the agreement adequately met all legislative requirements, providing for fair and reasonable terms of employment, including adequate minimum entitlements and dispute resolution mechanisms. The FWC also found that the agreement was genuinely negotiated and covered a genuine enterprise. Consequently, the FWC approved the MDE Electrical Enterprise Agreement 2019-2023.

Murray District Electrical Pty Ltd T/A MDE Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established