Mitchell Water Australia Pty Ltd

[2023] FWCA 2563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd

(AG2023/2354)

MWA EXTRACTIVE INDUSTRY ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 15 AUGUST 2023

Application for approval of the MWA Extractive Industry Enterprise Agreement 2023.

Mitchell Water Australia Pty Ltd (the Employer) has made an application for the approval of the MWA Extractive Industry Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 15 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mitchell Water Australia Pty Ltd applied for the approval of the MWA Extractive Industry Enterprise Agreement 2023. The applicant sought the agreement's approval to ensure the smooth functioning of its operations, particularly in relation to the employment conditions of its employees. The primary issue was whether the agreement complied with the relevant statutory requirements and whether it was made in good faith and without coercion.

The Commission examined the agreement's provisions to determine whether it met the necessary standards. It considered whether the agreement contained the mandated minimum entitlements, including wages, leave, and other benefits. Additionally, the Commission assessed whether the agreement was made without any undue influence or coercion, ensuring that it reflected a genuine agreement between the parties. The Commission also evaluated whether the agreement was consistent with the principles of procedural fairness and good faith bargaining.

After a thorough analysis, the Commission found that the agreement substantially complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement included all the required minimum entitlements and was made without any evidence of coercion or undue influence. The Commission also concluded that the agreement reflected a genuine effort to bargain in good faith. Consequently, the Commission approved the MWA Extractive Industry Enterprise Agreement 2023, effective from the date of the decision.

The Commission ordered that the agreement be registered and that it would apply to the employees covered by its terms. The decision provided clarity and certainty for both the employer and the employees, ensuring that their employment conditions were legally compliant and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established