DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jelani Pty Ltd T/A Matera Electrical Services
(AG2018/5731)

MATERA ELECTRICAL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MARCH 2019

Application for approval of the Matera Electrical Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Matera Electrical Enterprise Agreement 2018 (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.

[2] 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.

[3] The Agreement was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 1 March 2023.

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 Enterprise Agreement 2018. The dispute centred on whether the agreement complied with the relevant statutory requirements and whether it was appropriately negotiated. The parties involved included the employer, Jelani Pty Ltd, and the employees represented by a union. The Fair Work Commission was tasked with examining the specifics of the agreement and determining its validity under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it complied with other statutory requirements. The Commission also had to assess if the agreement was in the best interests of the employees and whether it provided fair and reasonable terms. The central concern was whether the agreement met the statutory criteria for approval and whether it adhered to the principles of genuine negotiation and fairness.

In its decision, the Fair Work Commission examined the negotiation process and the contents of the agreement to ensure it complied with the statutory requirements. The Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. It was also determined that the agreement was in the best interests of the employees, providing fair and reasonable terms. The Commission approved the Matera Electrical Enterprise Agreement 2018, finding that it met all the legal criteria for approval.

The final orders of the Fair Work Commission were to approve the Matera Electrical Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was required to implement the terms of the agreement. The decision confirmed that the agreement was valid and enforceable under the Fair Work Act.

Jelani Pty Ltd T/A Matera Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established