DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jelani Pty Ltd T/A Matera Electrical Services
(AG2019/3199)

MATERA ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2019

Application for approval of the Matera Electrical Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Matera Electrical Services Enterprise Agreement 2018 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 10 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jelani Pty Ltd, trading as Matera Electrical Services, applied for the approval of the Matera Electrical Services Enterprise Agreement 2018 under the Fair Work Act 2009. The dispute involved the terms of the proposed enterprise agreement and whether it met the criteria for registration as a single-enterprise agreement. The application was heard in the Fair Work Commission.

The primary legal issues were whether the agreement contained all the prescribed terms, complied with the good faith bargaining requirements, and if it was in the best interests of the employees. The Fair Work Commission examined the application to determine if the agreement was a genuine and fair enterprise agreement. This included assessing whether the agreement had been negotiated in good faith and whether it contained all the required prescribed terms. Additionally, the Commission considered if the agreement was likely to achieve an improved workplace relationship.

The Fair Work Commission approved the application and registered the Matera Electrical Services Enterprise Agreement 2018. The Commission found that the agreement was a genuine and fair enterprise agreement, having been negotiated in good faith and containing all the prescribed terms. The agreement was deemed to be in the best interests of the employees, meeting the criteria for registration under the Fair Work Act 2009. The Commission was satisfied that the agreement would achieve an improved workplace relationship.

The Fair Work Commission's final orders included the registration of the Matera Electrical Services Enterprise Agreement 2018, effective from the date of the Commission's decision. The agreement was to be registered as a single-enterprise agreement, binding the employer and the employees covered by the agreement. The approval marked the formal recognition of the terms negotiated between the parties, establishing a clear framework for the workplace relationship going forward.

Jelani Pty Ltd T/A Matera Electrical Services

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established