Mitre10 Australia Pty Ltd T/A Independent Hardware Group

[2017] FWCA 6519

[2017] FWCA 6519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitre10 Australia Pty Ltd T/A Independent Hardware Group
(AG2017/3994)

KINGS MEADOWS FRAME AND TRUSS ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 DECEMBER 2017

Application for approval of the Kings Meadows Frame and Truss Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kings Meadows Frame and Truss Enterprise Agreement 2017 (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 T/A Independent Hardware Group. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Mitre10 Australia Pty Ltd T/A Independent Hardware Group. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A