DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Myjen Electrics Pty Ltd
(AG2015/2419)

MYJEN ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 MAY 2015

Application for approval of the Myjen Electrics Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Myjen Electrics Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 12 May 2015. The nominal expiry date of the Agreement is 12 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission concerns the approval of the Myjen Electrics Pty Ltd Single Enterprise Agreement 2015. Myjen Electrics Pty Ltd, the applicant, sought approval of the agreement which outlines terms and conditions for employees. The dispute centred on whether the agreement complied with the necessary statutory requirements and adequately represented the interests of the employees. The Fair Work Commission was tasked with assessing the application and determining if the agreement should be approved.

The key legal issues before the Commission included whether the agreement was a "single enterprise agreement" as defined by the Fair Work Act 2009, and whether the agreement had been made in accordance with the relevant provisions of the Act. Specifically, the Commission needed to determine if the agreement was made without coercion, contained all the prescribed terms and conditions, and was supported by a majority of the employees. Additionally, the Commission assessed whether the agreement adequately covered the employees' terms and conditions of employment.

The Commission found that the agreement was indeed a single enterprise agreement as it was made between a single employer and a single group of employees. The agreement was also found to be made without coercion and included all the prescribed terms and conditions. Furthermore, the Commission determined that the agreement had the support of a majority of the employees, thereby satisfying the necessary statutory requirements. The Commission concluded that the agreement adequately covered the employees' terms and conditions of employment and was in the best interests of the employees. Consequently, the Fair Work Commission approved the Myjen Electrics Pty Ltd Single Enterprise Agreement 2015.

As a result of the Commission's decision, the agreement was approved and will now govern the terms and conditions of employment for the employees of Myjen Electrics Pty Ltd. The approval of the agreement ensures that the employees' rights and interests are protected and that the employer can operate with certainty regarding the terms and conditions of employment.

Myjen Electrics Pty Ltd

DECISION

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