Mitre 10 Australia Limted T/A Mitre 10 Summary

[2013] FWCA 2857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitre 10 Australia Limted T/A Mitre 10
(AG2013/6289)

MITRE 10 AUSTRALIA LIMITED (CANNING VALE) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILLIAMS	PERTH, 9 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Mitre 10 Australia Limited (Canning Vale) 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 T/A Mitre 10. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Shop, Distributive and Allied Employees Association, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Mitre 10 Australia Limited, trading as Mitre 10, applied to the Fair Work Commission for the approval of the Mitre 10 Australia Limited (Canning Vale) Enterprise Agreement 2013. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court that dealt with the matter.

The legal issues before the Commission were whether the enterprise agreement had been made in accordance with the provisions of the Act, and whether it complied with the "better off overall test" and other relevant provisions. The Commission had to determine if the agreement was made genuinely and in good faith, if it was free from coercion, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to assess whether the agreement met the "better off overall test," which requires that employees be no worse off financially and have at least the same conditions as those provided under the relevant award or safety net.

The Fair Work Commission found that the enterprise agreement was made in good faith, genuinely, and without coercion. The agreement was also found to comply with the "better off overall test" as employees were not worse off financially and had the same or improved conditions compared to the relevant award or safety net. The Commission concluded that the agreement met all the legal requirements for approval and thus approved the Mitre 10 Australia Limited (Canning Vale) Enterprise Agreement 2013. The Commission emphasised the importance of the agreement's provisions, which included terms and conditions for employees, as well as provisions for redundancy, leave, and other workplace matters.

Mitre 10 Australia Limted T/A Mitre 10

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established