Mitolo Group Pty Ltd Summary

[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

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mitolo Group Pty Ltd and related to the approval of the Mitolo Group Pty Ltd Process Workers Enterprise Agreement 2023. The central dispute revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on the provisions for the classification and remuneration of employees. The Commission was tasked with determining whether the agreement adhered to the relevant legislative standards and was fair and reasonable in its terms and conditions.

The key legal issues before the Commission included whether the classification of roles within the agreement was consistent with the definitions provided under the Fair Work Act, and whether the remuneration and other conditions outlined in the agreement were fair and reasonable in light of the applicable industrial circumstances. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both employers and employees, particularly in the context of the process workers' roles and responsibilities.

In its reasoning, the Commission examined the evidence presented by both parties, including expert testimonies and submissions regarding the roles and classifications. The Commission concluded that the classification of positions and the associated remuneration were fair and reasonable. The Commission found that the agreement appropriately reflected the nature of the work and the skills required for the roles, and that it met the requirements of the Fair Work Act. As a result, the Commission approved the Mitolo Group Pty Ltd Process Workers Enterprise Agreement 2023, confirming that it was fair and reasonable in all respects.

The Fair Work Commission ordered the approval of the Mitolo Group Pty Ltd Process Workers Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees, and it provides a framework for the ongoing employment relationship between the parties.

Mitolo Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established