Maali Group Pty Ltd T/A Maali Group

Case [2025] FWCA 114
[2025] FWCA 114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Maali Group Pty Ltd T/A Maali Group

(AG2024/5155)

MAALI GROUP PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry

COMMISSIONER LIM

PERTH, 14 JANUARY 2025

Application for approval of the Maali Group Pty Ltd Enterprise Agreement 2024.

  1. Maali Group Pty Ltd T/A Maali Group (the Applicant) has made an application for the approval of an enterprise agreement known as the Maali Group Pty Ltd Enterprise Agreement 2024 (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.

  1. 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 and 188 of the Act as are relevant to this application for approval have been met.

  1. The Agreement was approved on 14 January 2025 and, in accordance with s 54, will operate from 21 January 2025.  The nominal expiry date of the Agreement is 14 January 2029.


COMMISSIONER

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Details
AGLC
Maali Group Pty Ltd T/A Maali Group [2025] FWCA 114
Case
[2025] FWCA 114
Decision Date

CaseChat Overview and Summary

The case involved Maali Group Pty Ltd, trading as Maali Group, and its employees, who were seeking approval of the Maali Group Pty Ltd Enterprise Agreement 2024. The Fair Work Commission (FWC) was asked to approve the agreement under section 234 of the Fair Work Act 2009. The nature of the dispute was the validity and appropriateness of the terms within the proposed enterprise agreement, particularly focusing on employee entitlements and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether it adhered to the requirements for a simple, clear, and fair enterprise agreement. Specifically, the Commission had to consider if the agreement was appropriately negotiated, if it provided for the employees' minimum entitlements, and if it did not undermine the safety net provided by the National Employment Standards and modern awards.

The Fair Work Commission found that the Maali Group Pty Ltd Enterprise Agreement 2024 was appropriately negotiated and contained terms that were fair and reasonable. The Commission noted that the agreement provided for minimum entitlements as required by law and did not undermine the safety net provided by the National Employment Standards and modern awards. Consequently, the Commission approved the agreement, finding it met all the necessary criteria for endorsement under the Fair Work Act.

The Commission's decision to approve the Maali Group Pty Ltd Enterprise Agreement 2024 was based on a thorough review of the negotiation process and the terms of the agreement. The approval ensures that the agreement is now legally binding on the parties involved, providing a clear framework for the terms and conditions of employment for the employees of Maali Group Pty Ltd.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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