Miriklis Earthmoving Pty Ltd T/A XPower Summary

[2013] FWCA 3963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miriklis Earthmoving Pty Ltd T/A XPower
(AG2013/6816)

XPOWER ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 20 JUNE 2013

Application for approval of the XPower Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the XPower Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Miriklis Earthmoving Pty Ltd T/A XPower. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 June 2013.The nominal expiry date of the Agreement is 10 May 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Miriklis Earthmoving Pty Ltd, trading as XPower, applied to the Fair Work Commission for the approval of the XPower Enterprise Agreement. The application involved the terms and conditions of employment for the workers within the enterprise bargaining agreement. The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for the proper operation of the enterprise, allowed for flexibility in the workforce, and adequately protected the rights and interests of employees. The Commission examined the negotiation process, the content of the agreement, and its compliance with relevant industrial laws and principles.

The Fair Work Commission carefully assessed the negotiation process, ensuring that the agreement was genuinely negotiated and not imposed. The Commission considered whether the agreement provided for the proper operation of the enterprise, taking into account the specific needs and operational requirements of XPower. Additionally, the Commission evaluated the flexibility provisions within the agreement, assessing whether they allowed for reasonable adjustments to meet the demands of the business while protecting employees' rights. The Commission also examined the provisions related to employee rights and interests, ensuring they were fair and balanced, and complied with the protections outlined in the Fair Work Act.

After thorough examination, the Fair Work Commission found that the XPower Enterprise Agreement met all the statutory requirements for approval. The Commission was satisfied with the negotiation process, the operational provisions, the flexibility mechanisms, and the protections afforded to employees. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable instrument for governing the employment relationship within XPower. The approval of the agreement ensures that the terms and conditions of employment are legally compliant and conducive to the smooth operation of the enterprise.

Miriklis Earthmoving Pty Ltd T/A XPower

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established