Mainstream Industries Pty Limited

[2022] FWCA 2214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mainstream Industries Pty Limited

(AG2022/1805)

Mainstream Industries Pty Limited Enterprise Agreement 2022

Cleaning services
COMMISSIONER MATHESON	SYDNEY, 4 JULY 2022

Application for approval of the Mainstream Industries Pty Limited Enterprise Agreement 2022.

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

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2022. The nominal expiry date of the Agreement is 11 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Mainstream Industries Pty Limited, which applied for approval of their enterprise agreement under the Fair Work Act 2009. The application was made pursuant to section 185 of the Act, and the agreement in question is the Mainstream Industries Pty Limited Enterprise Agreement 2022. This agreement is a single enterprise agreement that covers cleaning services provided by the employer. The matter was heard by Commissioner Matheson in Sydney on July 4, 2022.

The key legal issues before the court were whether the agreement met the necessary requirements for approval under sections 186, 187, 188, and 190 of the Fair Work Act. Specifically, the court needed to determine if the agreement was likely to cause financial detriment to any employee covered by it, and if it would result in substantial changes to the agreement. Additionally, the court had to consider the written undertakings provided by the employer.

The court considered the written undertakings provided by the employer and found that they did not cause financial detriment to any employee or result in substantial changes to the agreement. The court also noted that no objections were raised by the bargaining representatives for the agreement. The court was satisfied that the effect of accepting the undertakings was not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. Therefore, the court accepted the undertakings and approved the agreement.

The court approved the Mainstream Industries Pty Limited Enterprise Agreement 2022, subject to the written undertakings provided by the employer. The agreement will operate from July 11, 2022, and the nominal expiry date is July 11, 2025. The court's decision was based on the materials before the Commission, and the court was satisfied that the agreement met the necessary requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established