DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Melvin (Aust) Pty Ltd
(AG2019/3526)

MELVIN (AUST) PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 1 NOVEMBER 2019

Application for approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by Melvin (Aust) Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Melvin (Aust) Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Melvin (Aust) Pty Ltd recently sought approval of an enterprise agreement in the Fair Work Commission. The dispute centred around the terms of the proposed enterprise agreement between the company and its employees, which was intended to cover the period from 2019 to 2023. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it complied with the relevant industrial laws.

The primary legal issues before the Commission included the adequacy of the agreement in terms of its compliance with the Fair Work Act 2009, particularly regarding the coverage of employees, the fairness of the terms, and whether the agreement had been genuinely negotiated. Additionally, the Commission examined whether the agreement included all mandated terms and whether it was free from any unlawful content.

In reaching its decision, the Commission reviewed the negotiation process and the terms of the agreement. The Commission found that the agreement had been genuinely negotiated and included all mandated terms. The terms were deemed to be fair and reasonable, and the agreement was found to comply with all statutory requirements. The Commission approved the enterprise agreement, recognising the fair and balanced nature of the negotiated terms.

The final orders of the Commission included the approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2019-2023, subject to the terms and conditions as set out in the agreement. The approval is effective from the date of the decision, ensuring that the agreement governs the employment conditions of the employees during the specified period.

Melvin (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established