Michell Pty Ltd

[2013] FWCA 725

FAIR WORK COMMISSION

DECISION

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

Michell Pty Ltd
(AG2013/174)

MICHELL PTY LTD ENTERPRISE AGREEMENT 2012-2015

Clothing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 FEBRUARY 2013

Application for approval of the Michell Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Michell Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michell Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Michell Pty Ltd, the applicant, sought the Fair Work Commission's approval of the Michell Pty Ltd Enterprise Agreement 2012-2015, with the Australian Manufacturing Workers' Union, the respondent, objecting to certain provisions of the agreement. The matter was heard by Commissioner G. M. Crisp. The key legal issue was whether the provisions of the enterprise agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009.

In assessing the fairness and reasonableness of the agreement, the Commissioner took into account the views of both parties, the bargaining power of the parties, and the need for a safety net to protect employees. The Commissioner found that the enterprise agreement provided for a reasonable balance of entitlements and obligations for both parties, and that the agreement did not unconscionably disadvantage the employees. The Commissioner also found that the agreement complied with the requirements of the Fair Work Act 2009, and was therefore eligible for approval.

Accordingly, the Commissioner approved the Michell Pty Ltd Enterprise Agreement 2012-2015. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of registration until 30 June 2015, or until terminated earlier in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established