DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitre10 Australia Pty Ltd T/A Mitre10
(AG2017/5051)

INDEPENDENT HARDWARE GROUP NEW SOUTH WALES DISTRIBUTION CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Independent Hardware Group New South Wales Distribution Centre Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Independent Hardware Group New South Wales Distribution Centre Employees 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 Mitre10. 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.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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Mitre10 Australia Pty Ltd, trading as Mitre10, applied for approval of the Independent Hardware Group New South Wales Distribution Centre Employees Enterprise Agreement 2017. The application was made to the Fair Work Commission, which was required to determine if the proposed agreement complied with the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for simplicity, clarity, and whether it provided for genuine bargaining between the parties. The Commission had to assess whether the agreement was in the best interests of the employees and whether it contained provisions that were necessary to ensure fairness in the workplace.

The Commission found that the proposed agreement was sufficiently simple and clear for the employees to understand and had been genuinely bargained for between the parties. The agreement was deemed to be in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. The Commission also determined that the provisions in the agreement were necessary to ensure fairness in the workplace, including provisions for dispute resolution, flexibility, and the protection of employees' rights. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Independent Hardware Group New South Wales Distribution Centre Employees Enterprise Agreement 2017, finding it to be a fair and reasonable agreement that met the requirements of the Fair Work Act 2009. The Commission's approval was based on the agreement's simplicity, clarity, genuine bargaining, and its provision for fair and reasonable terms and conditions of employment. The approval ensures that the agreement will provide for the fair treatment of employees and a stable working environment within the distribution centre.

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