DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitre10 Australia Pty Ltd t/a Mitre10
(AG2015/5269)

MITRE 10 DERRIMUT ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2015

Application for approval of the Mitre 10 Derrimut Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mitre 10 Derrimut Enterprise Agreement 2015 (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 Mitre10. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 2 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitre10 Australia Pty Ltd, trading as Mitre10, applied to the Fair Work Commission for the approval of the Mitre 10 Derrimut Enterprise Agreement 2015. The applicant sought to have the agreement approved as a new enterprise agreement, as defined under the Fair Work Act 2009. The application was opposed by a number of unions, including the Shop, Distributive and Allied Employees' Association (SDA) and the National Union of Workers (NUW).

The legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in accordance with the requirements of the Act. The Commission considered whether the agreement was genuinely negotiated and whether it provided for adequate protections for employees, including provisions for minimum wages and conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission determined that the agreement had been genuinely negotiated between the parties and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement provided for adequate protections for employees, including provisions for minimum wages and conditions, and dispute resolution mechanisms. The Commission approved the Mitre 10 Derrimut Enterprise Agreement 2015 as a new enterprise agreement.

The Fair Work Commission approved the Mitre 10 Derrimut Enterprise Agreement 2015 as a new enterprise agreement, effective from 1 June 2015. The agreement provides for a range of terms and conditions of employment, including provisions for wages and conditions, leave, and dispute resolution mechanisms. The approval of the agreement provides certainty and stability for both the employer and employees covered by the agreement.

Mitre10 Australia Pty Ltd t/a Mitre10

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established