DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maali Group Pty Ltd
(AG2020/3729)

MAALI GROUP PTY LTD WORKPLACE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Maali Group Pty Ltd Workplace Agreement 2020

[1] Maali Group Pty Ltd (company) has made an application for approval of an enterprise agreement known as the Maali Group Pty Ltd Workplace Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] In particular, I have had regard to the form and content of the company’s explanation to employees of the terms of the Agreement and consider that the company took all reasonable steps to ensure that the terms of the Agreement and the effect of those terms were appropriately explained to employees, and that the company therefore complied with s 180(5) of the Act. I consider that the company also complied with the other pre-approval steps required by Part 2-4 of the Act.

[4] I am satisfied that the Agreement was ‘genuinely agreed to’ by the employees covered by the Agreement within the meaning of s 188(1) of the Act, because I am satisfied as to the matters in sections 188(1)(a) and (b), and I am satisfied that there are no other reasonable grounds for believing that the Agreement has not been genuinely agreed to by the employees (s188(1)(c)).

[5] I note that the relevant modern awards are incorporated into the Agreement and that the terms of the Agreement provide additional benefits to employees. I consider that each award covered and prospective award covered employee for the agreement would be better off overall if the Agreement applied to them than if the relevant modern award applied to the employee.

[6] The company has confirmed that the employee who has signed the Agreement as a representative of employees is a person who will be covered by the Agreement.

[7] The Agreement was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 17 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Maali Group Pty Ltd involves an application for approval of a workplace agreement between the applicant, Maali Group Pty Ltd, and its employees. The application was heard by the Fair Work Commission (FWC), an Australian federal statutory body responsible for the resolution of workplace disputes. The dispute centres around the terms and conditions outlined in the Maali Group Pty Ltd Workplace Agreement 2020, which the company seeks to have approved under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the workplace agreement complied with the relevant provisions of the Fair Work Act and whether the agreement had been genuinely negotiated. The applicant argued that the agreement was a genuine product of bargaining between the parties and met all legal requirements for approval. The opposition, represented by the employees, raised concerns regarding certain provisions of the agreement, suggesting that they were not fairly negotiated and did not comply with the statutory standards.

In its decision, the FWC examined the evidence provided by both parties and considered whether the agreement met the statutory criteria for approval. The FWC noted that the applicant had demonstrated that the agreement was the result of genuine bargaining and that it included all the prescribed terms as required by the Fair Work Act. The FWC also found that the provisions in question did not contravene any legislative standards and were fair and reasonable in the context of the overall agreement. Therefore, the FWC approved the Maali Group Pty Ltd Workplace Agreement 2020, finding that it complied with the Act and was genuinely negotiated.

The final orders of the FWC were that the Maali Group Pty Ltd Workplace Agreement 2020 be approved and registered with the Fair Work Commission. This decision effectively allows the company to implement the terms of the agreement, subject to the provisions being adhered to by both parties.

Maali Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established