Triple M Mechanical Services NSW Pty Ltd

[2013] FWCA 9784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple M Mechanical Services NSW Pty Ltd
(AG2013/11629)

TRIPLE M MECHANICAL SERVICES NSW WORKSHOP ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 DECEMBER 2013

Application for approval of the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Triple M Mechanical Services NSW Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 1 September 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2013-2014. Triple M Mechanical Services NSW Pty Ltd, an employer, and the Electrical Trades Union of Australia, representing employees, were the parties involved in this dispute. The primary focus of the application was to determine whether the proposed agreement met the legal standards set forth by the Fair Work Act 2009, particularly in terms of minimum entitlements and procedural fairness.

The legal issues before the Commission centred on whether the agreement provided for minimum entitlements as required by section 235 of the Fair Work Act, and whether the process by which the agreement was negotiated and agreed upon was procedurally fair, as mandated by sections 227 and 234 of the Act. The Commission had to assess if the agreement was appropriately negotiated, if the union had genuinely represented the interests of the employees, and if the employees had been adequately informed about the terms of the agreement.

The Commission found that the agreement did meet the requirements for minimum entitlements and procedural fairness. The employer had provided evidence of genuine negotiations and the union had demonstrated proper representation of the employees. The Commission was satisfied that the employees were given sufficient information to understand and consider the agreement. As a result, the Commission approved the Triple M Mechanical Services NSW Workshop Enterprise Agreement 2013-2014. The approval was contingent upon compliance with the terms of the agreement and adherence to the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established