The Trustee for the K & K Hull Family Trust T/A Mega Electrics AUS

[2020] FWCA 4797

[2020] FWCA 4797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for the K & K Hull Family Trust T/A Mega Electrics AUS
(AG2020/2079)

ME SERVICES AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the ME Services Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Trustee for the K&K Hull Family Trust T/A Mega Electrics AUS (the Applicant) for approval of the ME Services Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 10 August 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 12 August 2020. The employee bargaining representative were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 7 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[5] It is also noted that the flexibility term at clause 7 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [3] – [5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date is 8 September 2024.

COMMISSIONER

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Attachment A.