DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MIG & Associates Pty Ltd
(AG2015/5315)

MIG PTY LTD & AWU ACCOMMODATION SERVICES AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the MIG Pty Ltd & AWU Accommodation Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MIG Pty Ltd & AWU Accommodation Services 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 MIG & Associates Pty Ltd. 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, 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 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.

[5] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MIG & Associates Pty Ltd recently applied to the Federal Circuit Court for approval of a deed of agreement between MIG Pty Ltd and AWU Accommodation Services. The applicants sought the court's approval under the Fair Work Act 2009, which requires the approval of certain agreements that are intended to have the effect of an enterprise agreement. The applicants argued that the agreement was necessary to ensure that the employees of MIG Pty Ltd were paid fairly and that the terms of the agreement were consistent with the principles of the Fair Work Act.

The court was required to determine whether the agreement was consistent with the Fair Work Act and whether it was in the best interests of the employees of MIG Pty Ltd. The court noted that the agreement provided for a number of significant changes to the terms and conditions of employment for the employees of MIG Pty Ltd, including changes to pay rates, leave entitlements, and working conditions. The court also noted that the agreement had been negotiated in good faith between the parties and that it was consistent with the principles of the Fair Work Act.

The court found that the agreement was consistent with the Fair Work Act and that it was in the best interests of the employees of MIG Pty Ltd. The court noted that the agreement provided for a number of significant improvements to the terms and conditions of employment for the employees of MIG Pty Ltd, and that the changes were consistent with the principles of the Fair Work Act. The court also noted that the agreement had been negotiated in good faith between the parties and that it was consistent with the principles of the Fair Work Act.

The court approved the MIG Pty Ltd & AWU Accommodation Services Agreement 2015, subject to certain conditions. The court ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to each of the employees of MIG Pty Ltd. The court also ordered that the agreement be given effect from the date of the court's approval.

MIG & Associates 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