Four Mile Pty Limited Summary

[2014] FWCA 5575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Four Mile Pty Limited
(AG2014/8522)

FOUR MILE PTY LIMITED ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Four Mile Pty Limited Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Four Mile Pty Limited Enterprise Agreement 2014-2015 (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 21 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Four Mile Pty Limited sought approval for the Four Mile Pty Limited Enterprise Agreement 2014-2015, which was brought before the Fair Work Commission. The applicant, Four Mile, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009, arguing that it met all the requisite conditions for approval. The Fair Work Commission was required to determine whether the agreement complied with the statutory requirements, including being free from prohibited content, being negotiated in good faith, and being in the interests of employees.

The legal issues centred on the negotiation process of the agreement, its compliance with the Fair Work Act, and its fairness to employees. Four Mile had to demonstrate that the agreement was negotiated in good faith and was free from prohibited content. The Commission also considered whether the agreement was in the interests of the employees, particularly in terms of their wages, conditions, and other employment terms.

In its decision, the Commission reviewed the negotiation process and found it to be satisfactory. It determined that the agreement did not contain any prohibited content and was negotiated in good faith. Furthermore, the Commission concluded that the agreement was in the interests of the employees, as it provided for fair and reasonable terms. The Commission approved the agreement, finding that it complied with all the necessary statutory requirements.

The Fair Work Commission approved the Four Mile Pty Limited Enterprise Agreement 2014-2015 as a registered agreement under the Fair Work Act 2009. The Commission's decision was based on its finding that the agreement was free from prohibited content, was negotiated in good faith, and was in the interests of the employees. This approval ensures that the agreement will be enforceable and will provide a stable framework for the employment relationship between Four Mile and its employees.

Four Mile Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established