1. Application

Any Australian licensed electrical contractor shall be entitled to make application to Master Electricians Australia (MEA) to be recognised as a “Master Electrician” and to have the rights of a Master Electrician as defined in this Agreement (an “application”).

2. Acceptance of rejection of application

2.1 Upon the receipt by MEA of an application, MEA shall consider the application and determine whether the contractor is to be accepted or rejected as a contractor who is entitled to be recognised as a Master Electrician and to have the rights of a Master Electrician under this Agreement.

2.2 An application will not be accepted unless the applicant:

• Holds a current electrical contractor’s licence;
• Has implemented and adequately maintains, in the opinion of MEA, a safety management system being either SafetyConnect or such other safety management system audited and approved by ECA as being not inferior to SafetyConnect;
• Has implemented and adequately maintained, in the opinion of ECA, a quality management system acceptable to the ECA;
• Provides a workmanship guarantee in accordance with the Workmanship Guarantee annexed as Annexure “A” hereto or such other workmanship guarantee, acceptable to the ECA;
• Offers their customers environmentally friendly solutions and options acceptable to the ECA, with respect to the services provided by the applicant;
• Has undertaken (or the relevant staff of the member has undertaken) such education and training programs regarding environmentally friendly solutions for electrical services as may be required from time to time by ECA;
• Complies with the Code of Ethics annexed as Annexure “B” hereto; and
• Complies with such other requirements as determined from time to time by ECA.

2.3 Upon acceptance or rejection of an application, written notice shall be given to the applicant.

3. Master Electrician

3.1 Where an application has been accepted and for so long as that person complies with the requirements of these terms and conditions they shall be entitled to the rights of a Master Electrician as set out in this Agreement.

3.2 A contractor who is entitled to the rights of a Master Electrician shall, for so long as that entitlement continues, be entitled to a non-exclusive licence to use the Intellectual Property.

3.3 MEA warrants that to the best of its knowledge, information and belief, it is the legal and beneficial owner of the proprietry rights associated with the Intellectual Property and that such rights are free from any encumbrance or dispute and that MEA has the necessary authority and capacity to grant the licence to contractors in accordance with the terms of this Agreement. Contractors acknowledge that any such licence is not exclusive and that MEA may authorise others to use the Intellectual Property including other electrical contractors who may be in competition with the member.

4. Termination of rights as a Master Electrician

4.1 If a contractor who is otherwise entitled to the rights of a Master Electrician under this Agreement:-

• Is convicted of an indictable offence;
• Ceases to hold or operate legally under a current electrical contractor’s licence or other such qualification as required by the MEA;
• Is convicted of a serious (in the opinion of MEA) breach of law with respect to a safety or workplace or health issue in respect of the contractor’s business operations;
• Persistently fails (in the opinion of MEA) to meet the requirements set out in Clauses 2 or 3 hereof despite having been advised by the MEA of that failure and the need for the failure to be overcome or rectified;
• Conducts himself or herself in a manner considered to be injurious or prejudicial to the character or interests of members of the MEA generally who are entitled to the rights of a Master Electrician or of members generally of the MEA,

MEA shall be entitled to terminate this Agreement by notice to the contractor. In such circumstances, this Agreement will be deemed to be terminated two business days after the MEA has given notice in accordance with this Agreement.

4.2 In the event this Agreement is terminated as it applies to a contractor:

• The member must immediately cease to use any of the Intellectual Property and all materials, documents, systems and procedures provided to them as a Master Electrician and return to MEA all such things including all superseded versions, (paper, electronic and visual including any film or video recording);
• The licence referred to in Clause 3.2 will be terminated immediately whereupon, the member must cease to use any of the Intellectual Property including by removing from their marketing material, any of the Intellectual Property including from any signage, their website, yellow pages advertisements and any other form of promotion whatsoever.

5. Nature of rights under this Agreement

Contractors, acknowledge that:

• The licence granted under Clause 3.2 does not give them any rights as a member of the MEA which they would not otherwise have, save as specifically provided herein;
• In the event their rights as a Master Electrician are terminated in accordance with this Agreement, they shall have no right to and shall not allege or maintain that they are entitled to or have been denied natural justice in respect of the termination of their rights and no proceedings can be commenced by them (other than for breach of contract) against MEA in respect of or arising out of or in any way connected with the termination of that right by MEA and the contractor consents to this Agreement being pleaded as a bar or estoppel to any such proceedings whatsoever.

6. Public acknowledgement of Master Electricians entitlements

6.1 Members acknowledge that:

• MEA is the owner of the name “Master Electrician” and all intellectual property in that name as it exists from time to time;
• The members’ rights to use the Intellectual Property including the name “Master Electrician” is derived solely from this Agreement and is limited by it;
• They shall only display the words “Master Electrician” and such other trademark, mark, symbol, notification or designations as are associated with the rights of a Master Electrician as is permitted by MEA from time to time and that MEA may withdraw any such permission immediately with written notice;
• They shall not use any trademark, mark, symbol, notification or designation which is, in the opinion of MEA, similar or substantially similar to those used by MEA under or as part of or in connection with the words “Master Electrician” and which, in MEA’s opinion, is likely to cause deception or confusion;
• They should not do any act which might prejudice an application for registration of any trademark as a trademark pursuant to the Trademarks Act 1995 (as amended) or invalidate the registration of any mark (or applications thereof) which may have been or may be made by MEA nor do any act which might support an application to remove a registered mark from the register or cause the Register to require a disclaimer of a monopoly in any mark or part thereof owned or claimed by MEA;
• Sole proprietorship of the Intellectual Property or of anything associated with the Master Electrician name is MEA’s exclusive intellectual property;
• At all times in all respects comply with the directions of MEA regarding any actions, compromise, settlement or pursuit of any litigation or administrative proceedings arising out of any infringement or challenge or claim against or in respect of any of the Intellectual Property or other things associated with the words “Master Electrician” and assist the MEA in any such actions. Members acknowledge that any damages, claims or other benefits arising out of any associated infringement, challenge or claim are exclusively those of MEA.

7. Indemnity

Members acknowledge that notwithstanding acceptance by the MEA of a contractor as having the rights of a Master Electrician, the member remains solely responsible for the operation of their business including all matters relating to safety including workplace health and safety, the member’s business management systems, any workmanship guarantee offered by the member to clients and the conduct and behaviour of the member and the member’s employees and subcontractors and that in no circumstances, will a member have a right of action against ECA in respect of any claim or action instituted against a member in respect of any such matters whatsoever and agree that this document may be pleaded as a bar against any such proceedings and the member hereby indemnifies ECA against any such claim whatsoever, including by any employee, agent, contractor or client of the member or by the member.

8. Binds executors

This agreement will be binding upon and continues to the benefit of the parties and, unless repugnant to the sense or context, to their respective administrators, personal representatives, successors and permitted agents and assigns.

9. Entire agreement

This document together with any Master Electrician Application signed by the member constitutes the entire agreement of the parties and supersedes all prior discussions, undertakings and agreements.

10. Interpretations and definitions

In this agreement, unless the context otherwise requires, the following terms (in both singular and plural forms) will have the respective meanings assigned to them:

“Agreement” means this agreement;

“Intellectual Property” means the right to use:

• The term “Master Electrician” in conjunction with the operation of an electrical contracting business;
• The right to use all materials, documents, systems and procedures provided by the ECA to electrical contractors who are entitled to use the term “Master Electrician” under this Agreement for use in their promotion of themselves as a Master Electrician;
• The right to use any trademarks, marks, symbols, notifications or designations which are associated with the term “Master Electrician”;
• The right to use and reproduce for the purposes of use in their business as an electrical contractor, the Workmanship Guarantee;
• The right to use and reproduce for the purposes of use in their business as an electrical contractor, the Code of Ethics; and
• All modifications to and developments of all or any of the things or matters referred to above.

“Party” means a party to this agreement and their respective successors, personal representatives and permitted assigns;

In this agreement, unless the context requires otherwise:

• a reference to a word includes the singular and the plural of a word and vice versa;
• a reference to a gender includes any gender;
• a term which refers to a natural person includes a company, a partnership, an association, a corporation, a body corporate or a joint venture;
• headings are included for convenience only and do not affect interpretation;
• a reference to a document includes a reference to that document as amended, novated, supplemented, varied or replaced;
• a reference to this agreement includes any annexure and any schedule (if any) to this agreement;

11. Notices

A notice, request, consent or other communication (“communication”) to be given by a party under this agreement must be in writing addressed in accordance with the particulars for that party shown herein or to another address for a party as may be notified in writing by that party.

A communication must be delivered by hand or registered post, or sent by facsimile. A communication will be deemed to be received:

• if hand delivered, on the next following business day;
• if posted, on the third business day after posting; or
• if sent and received by facsimile, on the next following business day.

12. Relationship between parties

Nothing in this agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of another party and the use by a member of the Intellectual Property does not constitute a business or financial operation or venture involving the ECA in any way.

13. Waiver

The failure, delay or omission by a party to exercise a power or right conferred on that party by this agreement will not operate as a waiver of that power or right, and any single exercise of a power or right will not preclude another exercise of that power, or the exercise of another power or right under this agreement.

A waiver of a provision of this agreement, or consent to a departure by a party from a provision of this agreement, must be in writing and signed by all parties.

14. Assignment

Any rights a member has under this Agreement are personal and may not be assigned without the prior written consent of ECA.