DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lyla Holdings Pty Ltd T/A Mayvis Electrical
(AG2019/1593)

LYLA HOLDINGS PTY LTD T/A MAYVIS ELECTRICAL ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 6 JUNE 2019

Application for approval of the Lyla Holdings Pty Ltd t/a Mayvis Electrical Enterprise Agreement 2019-2023.

[1] Application has been made for approval of a single enterprise agreement known as the Lyla Holdings Pty Ltd t/a Mayvis Electrical Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lyla Holdings Pty Ltd T/A Mayvis Electrical.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 5 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lyla Holdings Pty Ltd trading as Mayvis Electrical, sought approval of an enterprise agreement for the period 2019-2023. The applicant, an electrical contracting company, sought to have the agreement, which was negotiated with the Electrical Trades Union of Australia, approved as a low-paid enterprise agreement. The application was opposed by the Electrical Trades Union of Australia on the basis that it was not a simple, fair and adaptable agreement as required by section 231 of the Fair Work Act 2009.

The legal issues before the commission were whether the agreement was a simple, fair and adaptable agreement and whether the agreement met the requirements for low-paid workers as outlined in the Fair Work Act. The commission considered whether the agreement was consistent with the principles of the Fair Work Act and whether it provided appropriate protections for the employees.

The commission found that the agreement was a simple, fair and adaptable agreement that met the requirements for low-paid workers. The commission considered the evidence and submissions provided by both parties and found that the agreement provided appropriate protections for the employees and was consistent with the principles of the Fair Work Act. The commission also found that the agreement provided for appropriate dispute resolution mechanisms and was adaptable to changing circumstances.

The commission approved the enterprise agreement as a low-paid enterprise agreement, effective from 1 July 2019. The agreement provides for a range of terms and conditions, including wages, hours of work, leave entitlements and dispute resolution mechanisms. The approval of the agreement ensures that the employees of Lyla Holdings Pty Ltd trading as Mayvis Electrical are provided with appropriate protections and that the business can operate with certainty and predictability.

Lyla Holdings Pty Ltd T/A Mayvis Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established