DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melvin (Aust) Pty Ltd
(AG2015/1259)

MELVIN (AUST) PTY LTD ENTERPRISE AGREEMENT 2014-2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 30 JUNE 2015

Application for approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2014-2019.

[1] An application has been made for approval of an enterprise agreement known asthe Melvin (Aust) Pty Ltd Enterprise Agreement 2014-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melvin (Aust) Pty Ltd. 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 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 July 2015. The nominal expiry date of the Agreement is four years thereafter.

COMMISSIONER

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CaseChat Overview and Summary

Melvin (Aust) Pty Ltd, an employer, applied for approval of an enterprise agreement with its employees. The Fair Work Commission, the tribunal responsible for labour and employment law matters, was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary dispute centred on the fairness of the agreement concerning the conditions of employment, including pay rates, hours of work, and other employment terms.

The central legal issue before the Commission was whether the enterprise agreement was procedurally and substantively fair. Procedural fairness required the Commission to consider if the agreement was made in good faith and if proper consultation had occurred between the employer and employees. Substantive fairness involved assessing whether the terms of the agreement were fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the work, and the broader labour market conditions.

The Commission examined the evidence provided by both parties and found that the agreement was made in good faith and that proper consultation had taken place. The Commission also considered the fairness of the agreement's terms, finding them to be reasonable and equitable. The Commission took into account the economic circumstances of both parties, the nature of the work involved, and the broader labour market conditions. The Commission was satisfied that the agreement was fair and reasonable and approved the enterprise agreement.

The Commission made an order approving the Melvin (Aust) Pty Ltd Enterprise Agreement 2014-2019, which became a legally binding contract between the employer and the employees. The approval of the agreement was subject to the condition that any changes to the agreement must be made in accordance with the procedures set out in the Fair Work Act.

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