DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miepol Pty Ltd T/A Miepol
(AG2017/2125)

MIEPOL PTY LTD ENTERPRISE AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Miepol Pty Ltd Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Miepol Pty Ltd Enterprise Agreement 2017 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miepol Pty Ltd T/A Miepol. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 October 2017 and, in accordance with s.54, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Miepol Pty Ltd trading as Miepol, applied to the Fair Work Commission for approval of an enterprise agreement titled the Miepol Pty Ltd Enterprise Agreement 2017-2020. The applicant sought to have this agreement approved under section 231 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for registration and approval by the Commission.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for a genuine enterprise, and whether it was free from any unlawful content. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. The Commission also needed to assess whether the agreement was in the best interests of the employees and whether it met the statutory requirements for an enterprise agreement.

The Commission found that the agreement was made in good faith and represented a genuine enterprise. It was determined that the agreement was free from any unlawful content and complied with the provisions of the Fair Work Act and the Fair Work Regulations. The Commission considered that the agreement was in the best interests of the employees and met all the statutory requirements for an enterprise agreement. Consequently, the application for approval of the Miepol Pty Ltd Enterprise Agreement 2017-2020 was successful.

The Fair Work Commission approved the Miepol Pty Ltd Enterprise Agreement 2017-2020 and registered it under section 179 of the Fair Work Act. The agreement was to be in effect from the date of the decision and would remain in force until the earlier of the parties terminating the agreement in accordance with the provisions of the agreement or until the agreement was replaced by a new enterprise agreement. The Commission also noted that any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act.

Miepol Pty Ltd T/A Miepol

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established