Jelani Pty Ltd T/A Matera Electrical Services

[2023] FWCA 920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jelani Pty Ltd T/A Matera Electrical Services

(AG2023/751)

MATERA ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MARCH 2023

Application for approval of the Matera Electrical Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Matera Electrical Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jelani Pty Ltd T/A Matera Electrical Services. 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 30 March 2023 and, in accordance with s.54, will operate from 6 April 2023. The nominal expiry date of the Agreement is 30 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jelani Pty Ltd, trading as Matera Electrical Services, applied to the Fair Work Commission for approval of the Matera Electrical Services Enterprise Agreement 2023. The applicant sought the Commission's approval under section 232 of the Fair Work Act 2009, to make the agreement directly applicable to its employees. The nature of the dispute was the need for the Commission to determine if the agreement complied with the relevant statutory provisions and if it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for direct application as set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement contained all the mandatory terms required by the Act, if it was free from any unfair content, and if it was consistent with the objects of the Act, including promoting high levels of employment and avoiding industrial disputes. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees it covered.

The Commission examined the agreement in detail, considering the provisions and their compliance with the mandatory terms. It assessed the fairness of the agreement and its alignment with the Act's objects. After careful consideration, the Commission found that the agreement contained all the mandatory terms, was free from any unfair content, and was consistent with the Act's objects. The Commission concluded that the agreement was in the best interests of the employees. Therefore, the application for approval was granted, and the Matera Electrical Services Enterprise Agreement 2023 was directly applicable to the employees.

The final orders of the Commission were that the Matera Electrical Services Enterprise Agreement 2023 be approved and directly applied to the employees of Jelani Pty Ltd trading as Matera Electrical Services. The agreement was to take effect from the date of the Commission's decision and remain in force until superseded by a new agreement or until terminated in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established