DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirada Holdings Pty Ltd
(AG2016/1220)

MIRANDA HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 JULY 2016

Application for approval of the Miranda Holdings Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Miranda Holdings Pty Ltd 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 Mirada Holdings 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mirada Holdings Pty Ltd was the subject of an application for approval of the Enterprise Agreement 2016. The case was heard in the Fair Work Commission, where the decision was handed down by Deputy President D.S. Lee. The application was brought by the employer, Mirada Holdings, to obtain the Commission's approval of the Enterprise Agreement 2016, which was to govern the employment conditions of certain employees.

The primary legal issue before the Commission was whether the Enterprise Agreement 2016 complied with the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness and the proper consideration of the employees' interests. The employer argued that the agreement was fair and reasonable, while the employees' representative contested certain provisions, contending that they did not adequately protect the employees' rights and interests.

In reaching its decision, the Commission considered the provisions of the agreement and the submissions from both parties. The Commission found that, while some provisions required minor amendments to ensure they met the standards of procedural fairness and adequately protected the employees' interests, the overall agreement was fair and reasonable. The Commission approved the Enterprise Agreement 2016 with conditions that required the employer to make specified changes to certain provisions within a stipulated timeframe. These changes were necessary to address the concerns raised by the employees' representative and to ensure compliance with the statutory requirements.

The Commission's final order was the approval of the Enterprise Agreement 2016, subject to the conditions imposed, which required the employer to make the specified amendments to certain provisions within a specified timeframe. The Commission's decision was based on the balance between the need to protect the employees' interests and the importance of facilitating fair and reasonable agreements between employers and employees.

Mirada Holdings 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