M-I Australia Pty Ltd T/A M-I SWACO

[2014] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M-I Australia Pty Ltd T/A M-I SWACO
(AG2014/3991)

M-I SWACO (MATERIALS HANDLERS) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER WILLIAMS	PERTH, 24 APRIL 2014

Application for approval of the M-I SWACO (Materials Handlers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the M-I SWACO (Materials Handlers) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M-I Australia Pty Ltd trading as M-I SWACO. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given 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 organisation.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, M-I Australia Pty Ltd trading as M-I SWACO, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, dated 2014, was entered into between the applicant and the relevant union, the Transport Workers Union of Australia. The primary dispute centred on the procedural fairness of the agreement's negotiation and the appropriate certification of the agreement under the Fair Work Act 2009.

The court was required to determine whether the enterprise agreement was fairly negotiated and whether the process was conducted in a manner that adhered to procedural fairness. Additionally, the court had to consider whether the agreement met the statutory requirements for certification as a single-enterprise agreement. This involved examining the negotiation process, the representation of employees, and the compliance with relevant provisions of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and that the procedural fairness requirements were satisfied. The Commission determined that the negotiation process was appropriate and that the agreement was properly certified as a single-enterprise agreement. The court considered the evidence provided by both parties and concluded that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the M-I SWACO (Materials Handlers) Enterprise Agreement 2014. The Commission found that the agreement was fairly negotiated and that procedural fairness was observed throughout the negotiation process. The Commission also determined that the agreement complied with the requirements for certification under the Fair Work Act 2009. The approval was based on the evidence presented and the satisfaction of all necessary legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established