Murray District Electrical Pty Ltd T/A MDE Electrical Summary

[2024] FWCA 1350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murray District Electrical Pty Ltd T/A MDE Electrical

(AG2024/1150)

MDE ELECTRICAL ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 APRIL 2024

Application for approval of the MDE Electrical Enterprise Agreement 2024 - 2028.

An application has been made for approval of an enterprise agreement known as the MDE Electrical Enterprise Agreement 2024 - 2028 (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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2024. The nominal expiry date of the Agreement is 16 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement proposed by Murray District Electrical Pty Ltd, trading as MDE Electrical, for the period 2024 to 2028. The application was brought by the employer, who sought the Commission's approval under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees of MDE Electrical, including wages, working hours, and other employment-related matters.

The central legal issue for the Commission to determine was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and the relevant Fair Work (Registered Organisations) Regulations 2011. Specifically, the Commission needed to assess whether the agreement met the requirements for direct application, including ensuring that it provided for a fair and efficient workplace, and did not discriminate against any employees or groups of employees. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for a proper process for the resolution of disputes between the parties.

In reaching its decision, the Commission examined the proposed agreement's provisions in detail, taking into account the submissions made by both the employer and the employees' representative, the Electrical Trades Union of Australia. The Commission found that the proposed agreement was fair and reasonable, providing for a balanced set of terms and conditions that took into account the needs of both the employer and the employees. The Commission noted that the agreement provided for a transparent process for the resolution of disputes and that it did not contain any discriminatory provisions. The Commission was satisfied that the agreement had been made in good faith and that it provided for a fair and efficient workplace. Accordingly, the Commission approved the proposed enterprise agreement, determining that it met the requirements of the Fair Work Act and the relevant regulations.

The Fair Work Commission approved the MDE Electrical Enterprise Agreement 2024-2028, finding it to be fair, reasonable and in compliance with the Fair Work Act and the relevant regulations. The agreement now applies directly to the employees of Murray District Electrical Pty Ltd, trading as MDE Electrical, for the period specified.

Murray District Electrical Pty Ltd T/A MDE Electrical

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established