DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Four Mile Pty Limited
(AG2018/3691)

FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JANUARY 2019

Application for approval of the FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2018 (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 agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 17 January 2019 and, in accordance with s.54, will operate from 24 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Four Mile Pty Limited is the applicant for the approval of an enterprise agreement titled "FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2018". The applicant seeks the approval of the agreement under section 232 of the Fair Work Act 2009. The Fair Work Commission heard the matter and was tasked with determining whether the agreement should be approved as a "single interest" enterprise agreement.

The central legal issue before the Commission was whether the enterprise agreement in question met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees it covered, and whether it complied with the provisions of the Act. This included examining whether the agreement contained the minimum terms and conditions of employment as required by the Act, and whether it provided for procedural fairness in its creation.

The Commission found that the agreement met the necessary criteria for approval. It confirmed that the agreement was in the best interests of the employees as it provided for procedural fairness and contained the minimum terms and conditions of employment as required by the Act. The Commission also noted that the agreement had been made following appropriate consultation and negotiation processes. As a result, the Commission approved the enterprise agreement, finding it to be a "single interest" enterprise agreement under section 173 of the Fair Work Act 2009.

The final orders of the Commission included the approval of the FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2018, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it be given effect as a binding enterprise agreement. This decision provides clarity for both the applicant and the employees covered by the agreement, ensuring that the agreement is legally binding and enforceable.

Four Mile Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established