Midway Limited

[2014] FWCA 8060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midway Limited
(AG2014/8100)

MIDWAY LIMITED ENTERPRISE AGREEMENT 2014 - 2016

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 13 NOVEMBER 2014

Application for approval of the Midway Limited Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Midway Limited Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Midway Limited.

[2] 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] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Midway Limited was a party in an application before the Fair Work Commission seeking approval of the Midway Limited Enterprise Agreement 2014 - 2016. The application was brought under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of section 235 of the Act and whether the agreement was in the public interest, as required by section 230.

The Fair Work Commission considered the application under the legislative framework provided by the Fair Work Act 2009. The Commission assessed whether the agreement provided for the terms and conditions of employment that were fair and reasonable, taking into account the principles of the Act. The Commission also considered the broader public interest, including the impact of the agreement on the workforce and the industrial relations system.

The Commission found that the agreement met the requirements of section 235 of the Act and was in the public interest. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of the Act. The Commission also found that the agreement was likely to promote the objects of the Act, including the protection of employees and the promotion of productive and cooperative workplace relations. The Commission approved the agreement, and the decision was registered with the Fair Work Commission.

The Fair Work Commission approved the Midway Limited Enterprise Agreement 2014 - 2016, finding that it met the requirements of section 235 of the Fair Work Act 2009 and was in the public interest. The Commission's decision was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established