Mitre 10 Australia Limited

[2013] FWCA 4511

[2013] FWCA 4511

FAIR WORK COMMISSION

DECISION

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

Mitre 10 Australia Limited
(AG2013/7090)

MITRE 10 AUSTRALIA LIMITED (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER SPENCER	BRISBANE, 8 JULY 2013

Application for approval of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitre 10 Australia Limited. The Agreement is a single-enterprise agreement.

[2] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them:

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] After a preliminary review of the application the Commission raised with the parties the duplication of the consultation provisions in Part 3, Clause 3 and Part 17 of the Agreement. The two clauses are almost identical except in that Part 3, Clause 3 of the Agreement contains sub-clause (f) which relates to the Employer’s entitlement to refuse to disclose confidential information in the event of consultation pursuant to the clause. This clause is not contained in Part 17 of the Agreement.

[5] The Commission raised the duplication with the parties to clarify the circumstances of the inclusion of the clause and to have the parties consider, if the duplication was an error, whether the error could or should be remedied prior to approval to avoid any ambiguity or disputation.

[6] The Applicant confirmed that the inclusion of the two clauses was a drafting error. The Applicant otherwise did not see any issue with the inclusion of the two terms and submitted that the Agreement was capable of approval.

[7] The Union confirmed that they were agreeable to the consultation procedure in Part 17 applying instead of that provision in Part 3. Further the Union agreed that clause 3(f), as to the entitlement of the Applicant to withhold disclosing confidential information, would continue to apply. It is noted that the Union’s correspondence refers to clause (3(e)) as continuing to apply but clarifies that this reference was to the clause regarding disclosure of confidential information.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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