[2017] FWCA 4107

The attached document replaces the document previously issued with the above code on 4 August 2017.

The heading of the decision to be amended to ‘Independent Hardware Group (WA) Enterprise Agreement 2017’.

Associate to Commissioner McKinnon

Dated 7 August 2017

[2017] FWCA 4107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitre10 Australia Pty Ltd T/A Independent Hardware Group
(AG2017/2687)

INDEPENDENT HARDWARE GROUP (WA) ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 4 AUGUST 2017

Application for approval of the Independent Hardware Group (WA) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Independent Hardware Group (WA) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitre10 Australia Pty Ltd T/A Independent Hardware Group brought an application to the Fair Work Commission seeking approval of the Independent Hardware Group (WA) Enterprise Agreement 2017. The dispute involved whether the proposed enterprise agreement complied with the relevant legislative framework and whether it provided for appropriate protections and entitlements for employees. The Fair Work Commission was tasked with determining these issues under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, including whether it contained all the prescribed terms, whether it was free from prohibited content, and whether it was procedurally sound. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by it. The employer argued that the agreement was comprehensive and fair, while there were concerns raised regarding certain provisions that could potentially disadvantage employees.

In its decision, the Commission found that the proposed enterprise agreement largely complied with the statutory requirements. The agreement contained all the prescribed terms and was free from prohibited content. The Commission also noted that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation. While acknowledging some concerns about specific provisions, the Commission determined that, overall, the agreement provided fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the enterprise agreement, subject to certain minor modifications to address the identified concerns.

The final orders of the Commission were that the Independent Hardware Group (WA) Enterprise Agreement 2017 be approved, with the modifications to certain provisions to ensure they met the statutory requirements and provided appropriate protections for employees. The approved agreement is now legally binding between the employer and the employees covered by it.

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