Jelani Pty Ltd T/A Matera Electrical Services Summary

[2023] FWCA 1883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jelani Pty Ltd T/A Matera Electrical Services

(AG2023/1861)

MATERA ELECTRICAL SERVICES WOODSIDE ONSHORE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JUNE 2023

Application for approval of the Matera Electrical Services Woodside Onshore Enterprise Agreement 2023

Jelani Pty Ltd T/A Matera Electrical Services (the Applicant) has made an application for the approval of an enterprise agreement known as the Matera Electrical Services Woodside Onshore Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 28 June 2023 and, in accordance with s 54, will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 Woodside Onshore Enterprise Agreement 2023. The applicant sought to have the enterprise agreement registered under the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions, representing certain employees of the applicant.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for registration. This involved assessing whether the agreement had been fairly made, contained the mandatory terms and conditions, and was supported by a sufficient proportion of the employees covered by the agreement. The Commission also had to consider whether the agreement met the good faith bargaining criteria and if it provided for the resolution of any future disputes.

In determining the application, the Commission examined the process by which the agreement was negotiated, the provisions of the agreement itself, and the evidence provided by both parties regarding the support for the agreement among the employees. The Commission found that the agreement had been fairly made, contained all the necessary terms and conditions, and was supported by a majority of the employees in accordance with the Act. The Commission also concluded that the agreement met the good faith bargaining requirements and included appropriate dispute resolution mechanisms.

The Fair Work Commission approved the Matera Electrical Services Woodside Onshore Enterprise Agreement 2023 for registration under the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement met all the statutory requirements for registration, including being fairly made, containing the mandatory terms and conditions, and being supported by a majority of the employees. The agreement was therefore registered, and the application was successful.

Jelani Pty Ltd T/A Matera Electrical Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established