DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MG Kailis Pty Ltd
(AG2014/10085)

MG KAILIS EXMOUTH MARINA OPERATIONS ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 DECEMBER 2014

Application for approval of the MG Kailis Exmouth Marina Operations Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the MG Kailis Exmouth Marina Operations Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MG Kailis Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from MG Kailis Exmouth Marina Operations Enterprise Agreement 2014-2018. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 24 December 2018.

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved MG Kailis Pty Ltd, which sought approval for the MG Kailis Exmouth Marina Operations Enterprise Agreement 2014-2018. The dispute arose in the Fair Work Commission of Australia, where the primary concern was the fairness and compliance of the proposed enterprise agreement with relevant industrial laws.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, content, and compliance with the provisions that govern the approval of enterprise agreements. The Commission had to determine if the agreement was fairly negotiated and whether it included appropriate terms and conditions for the employees involved.

The Commission examined the negotiation process and found that the agreement was fairly negotiated. The terms and conditions of the agreement were deemed to be reasonable and in compliance with the statutory requirements. The Commission noted that the agreement provided for a fair balance of rights and obligations for both the employer and the employees. Consequently, the Commission approved the MG Kailis Exmouth Marina Operations Enterprise Agreement 2014-2018, finding it to be compliant with the Fair Work Act 2009. The approval was issued on the basis that the agreement met all necessary criteria for fairness and compliance.

MG Kailis 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