Four Mile Pty Limited

Case [2015] FWCA 5388


[2015] FWCA 5388
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Four Mile Pty Limited
(AG2015/3915)

FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 6 AUGUST 2015

Application for approval of the Four Mile Pty Limited Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Four Mile Pty Limited Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
Four Mile Pty Limited [2015] FWCA 5388
Case
[2015] FWCA 5388
Decision Date

CaseChat Overview and Summary

Four Mile Pty Limited brought an application before the Fair Work Commission seeking approval of the Four Mile Pty Limited Enterprise Agreement 2015-2018. The dispute centred around the agreement's provisions, which were subject to scrutiny regarding their compliance with relevant employment laws and the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the legal requirements for approval, specifically considering the adequacy of the bargaining process, the fairness of the terms, and their alignment with the provisions of the Fair Work Act. This included an analysis of the agreement's coverage, the representation of the employees, and whether the agreement adequately addressed the employees' rights and obligations.

The Fair Work Commission found that the application did not meet the statutory requirements for approval. The decision was based on several factors, including the insufficient representation of employees during the bargaining process and the presence of provisions that did not align with the Fair Work Act. The court emphasised the importance of a robust bargaining process and the necessity for agreements to be fair and balanced.

Consequently, the court dismissed the application for approval of the Four Mile Pty Limited Enterprise Agreement 2015-2018. The decision highlighted the critical role of compliance with statutory requirements in the approval of enterprise agreements and underscored the need for careful consideration of employee representation and the fairness of the terms within such agreements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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