DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Myjen Electrics Pty Ltd
(AG2020/4126)

MYJEN ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 9 FEBRUARY 2021

Application for approval of the Myjen Electrics Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Myjen Electrics Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Myjen Electrics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to 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 16 February 2021. The nominal expiry date of the Agreement is 8 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Myjen Electrics Pty Ltd, a company involved in electrical services, was subject to an application for the approval of the Myjen Electrics Pty Ltd Single Enterprise Agreement 2020. The applicant, representing the employer, sought to have the agreement approved by the Fair Work Commission. The respondent, representing the employees, contested the application on several grounds, including that the agreement did not adequately protect the employees' rights and interests. The matter was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over workplace relations matters.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was genuinely negotiated. The Commission also needed to consider whether the agreement met the coverage test, meaning it covered a sufficient number of employees to justify approval.

In assessing the application, the Commission examined the evidence provided by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The Commission also determined that the agreement met the coverage test as it covered a significant proportion of the employees within the enterprise. Consequently, the Commission approved the application for the agreement's approval.

The Fair Work Commission approved the Myjen Electrics Pty Ltd Single Enterprise Agreement 2020, finding that it met the statutory requirements for approval. The Commission highlighted the importance of genuine negotiation and fair and reasonable terms in approving the agreement. This decision underscores the need for careful consideration of the negotiation process and the content of enterprise agreements when seeking approval from the Fair Work Commission.

Myjen Electrics 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