DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mightylagg Services Pty Ltd
(AG2016/6795)

MIGHTYLAGG SERVICES PTY LTD ON-SITE WORK ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	SYDNEY, 24 NOVEMBER 2016

Application for approval of the Mightylagg Services Pty Ltd On-site Work Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mightylagg Services Pty Ltd On-site Work Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mightylagg Services 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 1 December 2016. The nominal expiry date of the Agreement is 23 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Mightylagg Services Pty Ltd and the dispute centred around the approval of the On-site Work Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The applicant, Mightylagg Services, sought approval for the agreement to be applicable to its employees who were covered by the on-site work classification.

The legal issues that the Commission had to decide included whether the agreement had been made in good faith and whether it complied with the provisions of the Fair Work Act, particularly concerning the coverage of employees and the terms of the agreement. The Commission also needed to assess if the agreement provided for fair and reasonable terms and conditions for the employees and whether it was consistent with the provisions of the Act. Furthermore, the Commission had to consider if the agreement adequately addressed the rights and obligations of both the employer and the employees.

The Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act. It was determined that the agreement was fair and reasonable and provided for terms and conditions that were consistent with the provisions of the Act. The Commission also found that the agreement adequately addressed the rights and obligations of both parties. The agreement was therefore approved and registered under the Fair Work Act. The Commission's decision was based on the evidence presented by both parties and the statutory provisions applicable to enterprise agreements.

Mightylagg Services 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