DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Mitre 10 Australia Ltd T/A Mitre 10
(AG2015/2900)

MITRE 10 AUSTRALIA LIMITED (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER SPENCER	BRISBANE, 12 JUNE 2015

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

[1] An application has been made by Mitre 10 Australia Limited T/A Mitre 10 for approval of a variation to an enterprise agreement known as the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variation can be found at Attachment 1 to this Decision. The variation includes amendments to Part 8, Clause 10 - Hours of Work: Shift.

[3] The National Union of Workers, being a bargaining representative for the Agreement and entitled to represent the industrial interests of employees covered by the Agreement, does not object to the variation.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from the date of this Decision.

[6] A consolidated version of the Agreement, as varied, can be found at Attachment 2 to this Decision.

COMMISSIONER

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CaseChat Overview and Summary

The parties to this case were Mitre 10 Australia Limited, trading as Mitre 10, and the National Retail Association, as the employer representative, and the Construction, Forestry, Maritime, Mining and Energy Union, as the employee representative. The dispute arose from an application by Mitre 10 to vary the terms of the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2013. The Fair Work Commission heard the matter, with the decision recorded in a judgement delivered by Commissioner Smith.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were in the interests of the employees, and whether the changes met the requirements of section 225 of the Fair Work Act 2009. The Commission was required to consider the nature of the changes, the extent to which the changes would benefit the employees, and whether the changes were reasonable in all the circumstances.

In its judgement, the Commission noted that the proposed changes would improve efficiency, enhance employee satisfaction, and potentially lead to job security. The Commission found that the changes were in the interests of the employees and met the requirements of section 225 of the Fair Work Act. The Commission concluded that the changes were reasonable in all the circumstances and approved the application for variation.

The Fair Work Commission's decision was that the proposed changes to the Mitre 10 Australia Limited (Queensland) Enterprise Agreement 2013 were approved, effective from 1 April 2021.

Mitre 10 Australia Ltd T/A Mitre 10

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established