The Trustee for Office Project Services Operating Trust T/A MRB Communications Pty Ltd

[2022] FWCA 852

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Office Project Services Operating Trust T/A MRB Communications Pty Ltd

(AG2022/415)

MRB COMMUNICATIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
Commissioner Matheson	SYDNEY, 10 MARCH 2022

Application for approval of the MRB COMMUNICATIONS Pty Ltd Single Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the MRB COMMUNICATIONS Pty Ltd Single Enterprise Agreement 2021 (Agreement). The application was made by The Trustee for Office Project Services Operating Trust T/A MRB Communications Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know was a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 10 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for Office Project Services Operating Trust, trading as MRB Communications Pty Ltd, sought approval of the MRB Communications Pty Ltd Single Enterprise Agreement 2021. This matter was heard in the Fair Work Commission. The application arose from negotiations between the employer and the employees' representative, Australian Services Union NSW Branch, resulting in an enterprise agreement which required Fair Work Commission approval. The dispute centred around the fairness and reasonableness of the proposed agreement terms under the Fair Work Act 2009.

The legal issues for the Commission to decide included whether the agreement contained provisions that were fair and reasonable in all aspects, considering the Fair Work Act’s objectives and the principles of industrial justice. Key aspects of the agreement, such as pay rates, working conditions, and dispute resolution mechanisms, were examined for compliance with statutory requirements and fairness. The Commission also needed to assess if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission determined that the agreement was fair and reasonable. The analysis included a detailed examination of the agreement’s provisions, the bargaining positions of the parties, and the broader economic context. The Commission found that the agreement met the statutory requirements and did not disadvantage any party to an extent that would be considered unjust. The terms of the agreement were deemed to appropriately reflect the principles of industrial justice and the objectives of the Fair Work Act.

The Commission approved the MRB Communications Pty Ltd Single Enterprise Agreement 2021. The agreement was set to commence on 1 July 2021 and would apply to the employees covered by the agreement until its expiry on 30 June 2025. This approval signifies the formal recognition of the negotiated terms, ensuring they are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established