Four Mile Pty Limited

[2022] FWCA 2413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Four Mile Pty Limited

(AG2022/2056)

Four Mile Pty Limited Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2022

Application for approval of the Four Mile Pty Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Four Mile Pty Limited Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Four Mile Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Four Mile Pty Limited applied for the approval of its 2022 Enterprise Agreement. The applicant sought the Fair Work Commission's approval of the agreement, which was negotiated between the applicant and the union. The dispute involved the terms of the proposed enterprise agreement and whether they complied with relevant labour laws.

The legal issues before the Commission included whether the agreement was genuinely negotiated, the extent to which it complied with the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission had to assess if the agreement met the criteria for approval, including whether it provided for the rights and obligations of employees and employers and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was genuinely negotiated between the parties and was consistent with the Fair Work Act. It determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms of employment. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act. The applicant's application for the approval of the 2022 Enterprise Agreement was successful.

The Fair Work Commission approved the 2022 Enterprise Agreement between Four Mile Pty Limited and the union. The Commission found that the agreement was genuinely negotiated, complied with the Fair Work Act, and was in the best interests of the employees. The Commission's approval of the agreement ensures that the terms of employment provided for in the agreement are legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established