DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mizco Pty Ltd
(AG2021/6229)

MIZCO PTY LTD CONTRACTING DIVISION COMMERCIAL SECTOR ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 AUGUST 2021

Application for approval of the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2021.

[1] Mizco Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 August 2021 and, in accordance with s 54, will operate from 10 August 2021. The nominal expiry date of the Agreement is 3 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mizco Pty Ltd, represented by its Contracting Division, sought approval for the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2021. The primary dispute was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the negotiation process. The Commission was tasked with determining if the agreement was genuinely negotiated and if the necessary procedural steps were followed.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the employer and the employees' representatives and if the procedural requirements set out in the Fair Work Act were met. Specifically, the Commission needed to assess the fairness of the negotiation process and whether the agreement had been made in good faith. Additionally, the Commission had to consider if the agreement met the criteria for being a single, indivisible document as required by the legislation.

The Commission found that the agreement had indeed been genuinely negotiated and that all procedural requirements were satisfied. The evidence demonstrated that the negotiation process was conducted in good faith and that the agreement met the criteria for a single, indivisible document. The Commission was satisfied that the necessary steps had been taken to ensure that the agreement was properly negotiated and that it complied with the legislative requirements. Consequently, the Commission approved the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2021.

The final orders of the Commission included the approval of the enterprise agreement, which would now be applicable to the employees of Mizco Pty Ltd's Contracting Division within the commercial sector. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the Commission's decision.

Mizco Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established