Maali Group Pty Ltd

[2020] FWCA 6752

[2020] FWCA 6752

FAIR WORK COMMISSION

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

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