DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minuzzo Project Management Pty Ltd
(AG2021/6964)

MINUZZO PROJECT MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2021

Building services
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the Minuzzo Project Management Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Minuzzo Project Management Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Minuzzo Project Management Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 September 2021 and was determined on the papers.

[3] It is noted that in the Employer’s Declaration in Support of the Application Form F17, the Applicant did not indicate what the notification time for the Agreement was. Upon being notified of this issue, the Applicant informed me that the notification time for the Agreement was 24 May 2021. The Applicant distributed the Notice of Employee Representational Rights (NERR) to employees by email on 24 May 2021, which is within 14 days of the notification time as required by s.173(3) of the Act.

[4] The Applicant has submitted an undertaking in the required form dated 8 September 2021. The undertaking deals with the following topics:

• Casual loading shall be paid in accordance with clause 3.1.4 of the Agreement.

• Morning shift is defined as a shift commencing at or after 4.30 am and before 6.00 am.

• ‘Shiftworker’ for the purpose of the additional week of annual leave provided for in the NES means a ‘Continuous Shiftworker’ as defined in Clause 2 of the Award.

• The maximum amount of wages that the company may deduce under clause 12.1.4 of the Agreement is one week’s wages.

• Eligible casual employees have the right to request to convert to permanent (weekly hire) employment in accordance with the Act.

• The rates of pay in the Agreement shall commence from the first pay period after commencement of the Agreement and are applicable at test time.

• In respect of Clause 9.1.3 of the Agreement, casual employees shall be paid at the rate of 275% of the relevant base rate on public holidays.

• In the event that the company directs an employee to work on a rostered day off (RDO), the employee will be paid penalty rates as contained in clause 4.3.3.2 of the Agreement and retain the RDO.

• In the event that an employee is required to continue working for more than 5 hours without a meal break, the employee shall be paid 200% of the employee’s base rate of pay for the period from when the break was due to be taken until the time that the break is taken.

• An employee engaged for more than two hours, during one day on duties carrying a higher rate than the employee’s ordinary classification, must be paid the higher rate for the whole day. Otherwise, the employee must be paid the higher rate for the time worked at the higher classification.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 8 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Minuzzo Project Management Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Minuzzo Project Management Pty Ltd Enterprise Agreement 2021. The applicants were represented by the employer's representative, and the Fair Work Ombudsman represented the respondents. The agreement was intended to cover employees employed in various roles across different states and territories in Australia. The dispute centred on whether the agreement met the statutory requirements for an enterprise agreement and whether it provided for fair and reasonable terms and conditions.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. The court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to determine whether the agreement contained all the mandatory terms required by the Fair Work Act, including minimum rates of pay, maximum weekly hours of work, and provisions for leave. The court also needed to assess whether the agreement provided for appropriate mechanisms for dispute resolution and whether it was consistent with the relevant industrial awards and agreements.

The court found that the enterprise agreement complied with the statutory requirements of the Fair Work Act. The court determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement contained all the mandatory terms required by the Fair Work Act and was consistent with the relevant industrial awards and agreements. The court further found that the agreement provided for appropriate mechanisms for dispute resolution. The court approved the Minuzzo Project Management Pty Ltd Enterprise Agreement 2021, and it will now be registered with the Fair Work Commission.

The final orders of the court were that the Minuzzo Project Management Pty Ltd Enterprise Agreement 2021 be approved and registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy of the agreement be provided to the employer and the employees covered by the agreement. The court's decision provides clarity and certainty for the employer and employees covered by the agreement and ensures that their rights and obligations are protected under the Fair Work Act.

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