Mitre10 Australia Pty Ltd Summary

[2016] FWCA 2761

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mitre10 Australia Pty Ltd

(AG2016/982)

MITRE10 AUSTRALIA PTY LTD (CANNING VALE) ENTERPRISE

AGREEMENT 2016

Storage services

COMMISSIONER GREGORY

MELBOURNE, 4 MAY 2016

Application for approval of the Mitre10 Australia Pty Ltd (Canning Vale) Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Mitre10 Australia Pty Ltd (Canning Vale) Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Mitre10 Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the

organisation.
[2016] FWCA 2761

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 May 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2761

Annexure A

CaseChat Overview and Summary

In the case of Mitre10 Australia Pty Ltd, the Fair Work Commission was tasked with approving the Mitre10 Australia Pty Ltd (Canning Vale) Enterprise Agreement 2016, an application made under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement that Mitre10 Australia Pty Ltd sought to have approved. The application was made by the company, and the agreement would cover employees within the specified enterprise.

The primary legal issues the court had to decide were whether the enterprise agreement met the requirements set out in sections 186, 187, 188, and 190 of the Act, and whether the agreement would cause financial detriment to any employees or result in substantial changes. Additionally, the court had to consider whether the agreement covered the bargaining representative, the Shop, Distributive and Allied Employees Association, which had provided notice under section 183 of the Act.

The court found that the agreement met the requirements of the Act, as evidenced by the written undertakings provided by the applicant. The court was satisfied that these undertakings would not cause financial detriment to any employees and would not result in substantial changes to the agreement. The court also noted that the model consultation term prescribed by the Fair Work Regulations 2009 would be included in the agreement. As the bargaining representative had given notice that it wanted the agreement to cover it, the court confirmed that the agreement would indeed cover the organisation.

The court approved the Mitre10 Australia Pty Ltd (Canning Vale) Enterprise Agreement 2016, effective from 11 May 2016, with a nominal expiry date of 30 April 2019. The approval was given in accordance with section 54 of the Fair Work Act 2009.

Mitre10 Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established