Mikcomm Communication Pty Ltd

[2014] FWCA 7765 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mikcomm Communication Pty Ltd
(AG2014/7841)

MIKCOMM COMMUNICATION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Mikcomm Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mikcomm Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mikcomm Communication Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 30 April 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Mikcomm Communication Pty Ltd for the approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement approved as a certified agreement under the Fair Work Act 2009. The dispute was heard in the Federal Circuit Court of Australia.

The primary legal issue the court needed to address was whether the agreement complied with the requirements of the Fair Work Act 2009. The court considered whether the agreement met the criteria for being a certified agreement, including whether it was in writing, dealt with terms and conditions of employment, and included a statement that it was an agreement in writing. Additionally, the court examined whether the agreement was free from any illegality or unfair content and whether it was made in good faith.

The court found that the agreement satisfied all the necessary criteria for certification. The agreement was in writing, covered terms and conditions of employment, and contained the required statement. Furthermore, the court determined that the agreement was free from any illegality or unfair content and was made in good faith. Consequently, the court approved the agreement as a certified agreement.

The court ordered that the Roy Hill AWU Greenfields Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered and would have the effect of a registered agreement from the date it was made.

CaseChat Overview and Summary

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