DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd
(AG2019/3903)

MWA EXTRACTIVE INDUSTRY ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the MWA Extractive Industry Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MWA Extractive Industry Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitchell Water Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mitchell Water Australia Pty Ltd applied to the Fair Work Commission (FWC) for the approval of the MWA Extractive Industry Enterprise Agreement 2019. The applicants argued that the agreement contained appropriate provisions for the operation of their business, while the respondents, who were employees, raised concerns regarding the fairness and adequacy of the proposed terms and conditions. The FWC was tasked with determining whether the agreement was in the interests of the employees and whether it met the legal requirements for approval under the Fair Work Act 2009.

The FWC considered the submissions from both parties and examined the contents of the agreement. The Commission assessed the fairness and adequacy of the agreement, taking into account the nature of the business and the bargaining positions of the parties. The FWC also considered the extent to which the agreement provided for the efficient operation of the business and whether it complied with the relevant provisions of the Fair Work Act. The legal issues before the FWC included whether the agreement provided for appropriate terms and conditions for the employees, and whether it met the requirements for approval under the Fair Work Act.

The FWC found that the agreement was in the interests of the employees and met the legal requirements for approval. The Commission was satisfied that the agreement contained appropriate provisions for the efficient operation of the business and provided for fair and reasonable terms and conditions for the employees. The FWC determined that the agreement was consistent with the principles of the Fair Work Act and that it did not unfairly disadvantage the employees. The FWC approved the MWA Extractive Industry Enterprise Agreement 2019, and it came into effect on the date of the decision.

The FWC's final orders included the approval of the MWA Extractive Industry Enterprise Agreement 2019, which was to apply to the employees of Mitchell Water Australia Pty Ltd. The agreement was to be registered with the Fair Work Commission and would be binding on the parties from the date of the decision. The FWC also ordered that any disputes arising from the agreement would be dealt with in accordance with the relevant provisions of the Fair Work Act. The decision of the FWC was binding on both parties and could not be challenged in any court or tribunal.

Mitchell Water Australia 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