DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minuzzo Project Management Pty Ltd
(AG2017/3109)

MINUZZO PROJECT MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 OCTOBER 2017

Application for approval of the Minuzzo Project Management Pty Ltd Enterprise Agreement 2016.

[1] On 27 July 2017 Minuzzo Project Management Pty Ltd (Applicant) made an application for approval of the Minuzzo Project Management Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 October 2017. The nominal expiry date of the Agreement is 6 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Minuzzo Project Management Pty Ltd, sought approval of the Enterprise Agreement 2016, which had been registered by the Fair Work Commission. The application was heard in the Fair Work Commission by Commissioner Ward. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement provided for the terms and conditions of employment fairly, and it was made in good faith.

The court was required to determine whether the agreement fairly provided for the terms and conditions of employment, and whether it was made in good faith. This involved examining the negotiation process, the content of the agreement, and whether it complied with relevant statutory provisions. The court also had to consider whether the agreement met the requirement of being made in good faith, which involves a subjective assessment of the intentions and conduct of the parties during the negotiation process.

Commissioner Ward found that the agreement fairly provided for the terms and conditions of employment and was made in good faith. The negotiation process was deemed to be transparent and inclusive, with the parties engaging in a constructive dialogue. The content of the agreement was also found to be fair, providing adequate protections for the employees while also accommodating the business needs of the employer. The Commissioner concluded that the agreement met all the statutory requirements for approval.

The Fair Work Commission approved the Enterprise Agreement 2016, finding that it was fairly made and provided for the terms and conditions of employment in a fair way.

Minuzzo Project Management 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