EJ BJ SJ Mallett Pty Ltd

[2013] FWCA 2181

FAIR WORK COMMISSION

DECISION

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

EJ BJ SJ Mallett Pty Ltd
(AG2013/5764)

MALLETT ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 11 APRIL 2013

Application for approval of the Mallett Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mallett Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EJ BJ SJ Mallett Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to this decision.

[3] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2013. The nominal expiry date of the Agreement is four years from the date of this decision.

COMMISSIONER

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Attachment 1

CaseChat Overview and Summary

The case of EJ BJ SJ Mallett Pty Ltd involved a dispute regarding the application for approval of the Mallett Enterprise Agreement 2013. The applicant, EJ BJ SJ Mallett Pty Ltd, sought approval of the agreement from the Fair Work Commission under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the circumstances of the business and its employees. The respondent, who was not named in the summary, opposed the application, contending that the agreement did not adequately protect the employees' interests.

The primary legal issue before the court was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided a safety net of minimum entitlements for the employees, was free from coercion and undue influence, and was certified by an independent person as being in the best interests of the employees. The court also needed to assess whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In delivering its decision, the court examined the terms of the agreement and the evidence presented by both parties. It found that the agreement did provide a safety net of minimum entitlements for the employees, was free from coercion and undue influence, and had been certified as being in the best interests of the employees. The court also determined that the agreement did not contain any provisions that were contrary to public policy or otherwise unlawful. Accordingly, the court granted the application for approval of the Mallett Enterprise Agreement 2013. The court emphasised the importance of fair and reasonable enterprise agreements that balance the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established