DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midal Cables International Pty Ltd
(AG2015/5720)

MIDAL CABLES INTERNATIONAL TOMAGO AND AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Midal Cables International Tomago and Australian Workers Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Midal Cables International Tomago and Australian Workers Union Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Midal Cables International Pty Ltd. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 16 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Midal Cables International Pty Ltd and the Australian Workers Union. The dispute centred around the application for the approval of the Midal Cables International Tomago and Australian Workers Union Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement provided for the fair and reasonable resolution of issues, and whether it included adequate provisions for the protection of employees' rights and entitlements. This included examining whether the agreement was free from any coercive conduct or undue influence that might have affected the negotiation process. Additionally, the Commission considered whether the agreement adequately covered essential terms and conditions of employment, including wages, hours of work, and other employment-related matters.

In its reasoning, the Commission examined the negotiation process and the contents of the agreement. It found that the agreement was the product of genuine bargaining and did not result from any coercive conduct or undue influence. The Commission also noted that the agreement included provisions for the fair and reasonable resolution of issues, as well as adequate protections for employees' rights and entitlements. The Commission concluded that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The application for approval was therefore granted.

As a result of this decision, the Midal Cables International Tomago and Australian Workers Union Enterprise Agreement 2015 was approved, and the terms and conditions set out in the agreement became binding on the parties involved. This decision underscores the importance of ensuring that enterprise agreements are the product of genuine bargaining and that they adequately protect the rights and entitlements of employees.

Midal Cables International 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