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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mitre10 Australia Pty Ltd, trading as Independent Hardware Group, applied to the Fair Work Commission for approval of the Kings Meadows Frame and Truss Enterprise Agreement 2017. The dispute involved the application of the Fair Work Act 2009 and the procedural fairness in the approval process. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and if the process followed was fair and lawful.

The primary legal issues centred around whether the agreement complied with the provisions of the Fair Work Act and whether the Commission had properly exercised its discretion in approving the agreement. Additionally, the court had to consider if there were any procedural flaws in the approval process that might render the decision unfair or invalid.

In reaching its decision, the Fair Work Commission examined the agreement against the criteria set out in the Fair Work Act, including provisions on employee representation, the negotiation process, and the content of the agreement. The Commission found that the agreement was appropriately negotiated and contained terms that were fair and reasonable. The procedural fairness of the approval process was also upheld, with no evidence of bias or procedural errors. Consequently, the Commission approved the Kings Meadows Frame and Truss Enterprise Agreement 2017.

The Fair Work Commission's final orders included the approval of the enterprise agreement, affirming its compliance with the Fair Work Act and the fairness of the approval process. This decision ensures that the agreement can be implemented as a binding contract between the employer and the employees covered by the agreement.

Mitre10 Australia Pty Ltd T/A Independent Hardware Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established