E.B Mawson & Sons Pty Ltd Summary

[2016] FWCA 2161

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

E.B Mawson & Sons Pty Ltd T/A Mawsons

(AG2016/708)

E.B MAWSON & SONS PTY LTD FOSTERVILLE ENTERPRISE

AGREEMENT 2015 - 2018

Cement and concrete products

COMMISSIONER LEE

MELBOURNE, 6 APRIL 2016

Application for approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement

2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2015 - 2018 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by E.B Mawson & Sons Pty Ltd T/A Mawsons. The Agreement is a single enterprise

agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement,

has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 2161

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

13 April 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for the approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2015-2018, a single enterprise agreement. The applicant, E.B Mawson & Sons Pty Ltd, trading as Mawsons, sought approval under section 185 of the Fair Work Act 2009. The Australian Workers’ Union, a bargaining representative for the agreement, has also indicated that it wishes for the agreement to cover it, as required under section 183 of the Act.

The legal issues the court needed to address were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act as they pertain to the approval of enterprise agreements. Additionally, the court needed to ensure that the agreement would indeed cover the organisation as per section 201(2) of the Act. The court was also required to confirm the operational date and the nominal expiry date of the agreement.

The Commissioner found that all the necessary requirements for the approval of the enterprise agreement were met. The Commissioner was satisfied that the agreement was properly formulated and would cover the organisation as intended. Therefore, the application was approved, and the agreement was set to operate from 13 April 2016, with a nominal expiry date of 30 September 2018. The Commissioner’s decision aligns with the statutory provisions of the Fair Work Act, ensuring the agreement’s validity and applicability to the parties involved.

E.B Mawson & Sons Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established