DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd
(AG2015/4687)

MWA WATER INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 OCTOBER 2015

Application for approval of the MWA Water Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MWA Water Industry Enterprise Agreement 2015 (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Mitchell Water Australia Pty Ltd for approval of the MWA Water Industry Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a simple majority agreement, due to the absence of an existing enterprise agreement. The respondent, Australian Manufacturing Workers Union, argued that the agreement should not be approved, asserting that it did not meet the requirements for a simple majority agreement due to procedural flaws in its formation.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as a simple majority agreement. This required an analysis of whether the agreement was fairly and properly formed, whether the appropriate consultation processes were followed, and whether there was evidence of genuine bargaining between the parties. The Commission also had to consider the arguments regarding the procedural fairness of the agreement's formation and whether there were any breaches of the relevant sections of the Fair Work Act.

In its decision, the Commission found that the agreement was indeed a simple majority agreement and approved it accordingly. The Commission found that while there were procedural issues in the agreement's formation, they were not significant enough to invalidate the agreement. The Commission held that the applicant had demonstrated that the agreement was formed through genuine bargaining and that it was fair and reasonable. The procedural issues did not undermine the overall fairness of the agreement's formation, and the applicant had satisfied the requirements of section 232 of the Act.

The Fair Work Commission approved the MWA Water Industry Enterprise Agreement 2015 as a simple majority agreement. The Commission found that the agreement was formed through genuine bargaining and met the requirements for approval under the Fair Work Act. The procedural flaws identified by the respondent did not negate the overall fairness of the agreement's formation. This decision sets a precedent for similar agreements and underscores the importance of genuine bargaining in the formation of enterprise agreements.

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