Mitolo Group Pty Ltd
[2024] FWCA 2184
•13 JUNE 2024
| [2024] FWCA 2184 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mitolo Group Pty Ltd
(AG2024/1169)
MITOLO GROUP PTY LTD PROCESS WORKERS ENTERPRISE AGREEMENT 2023
| Agricultural industry | |
| COMMISSIONER MATHESON | SYDNEY, 13 JUNE 2024 |
Application for approval of the Mitolo Group Pty Ltd Process Workers Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Mitolo Group Pty Ltd Process Workers Enterprise Agreement 2023 (Agreement). The application was made by Mitolo Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2024. The nominal expiry date of the Agreement is 13 June 2028.
COMMISSIONER
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Annexure A
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