DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mitcon Formwork Pty Ltd
(AG2017/2997)

MITCON FORMWORK PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Mitcon Formwork Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mitcon Formwork Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitcon Formwork 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2017. The nominal expiry date of the Agreement is 13 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mitcon Formwork Pty Ltd sought approval of its Enterprise Agreement 2017 under the Fair Work Act 2009, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The case was heard in the Fair Work Commission. The central legal issue was whether the agreement complied with the statutory requirements for employee representation during negotiations and whether it contained all the mandated terms and conditions of employment.

The Fair Work Commission examined whether the enterprise agreement was genuinely negotiated and whether it included all necessary terms and conditions as stipulated by the Fair Work Act. The Commission also considered if the agreement was fair and reasonable and whether it provided adequate representation for the employees during negotiations. The evidence presented included witness testimonies and documentation related to the negotiation process and the agreement's content.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and contained all the required terms and conditions. It concluded that the employee representatives were appropriately involved in the negotiations, thereby satisfying the statutory requirements. The Commission approved the agreement, considering it fair and reasonable in all respects.

The Fair Work Commission ordered that the Mitcon Formwork Pty Ltd Enterprise Agreement 2017 be approved and registered under the Fair Work Act. This decision was based on the Commission's determination that the agreement met all statutory requirements and was fair and reasonable for the employees involved.

Mitcon Formwork 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