DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MizCo Pty Ltd
(AG2018/343)

MIZCO PTY LTD CONTRACTING DIVISION COMMERCIAL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2018

Application for approval of the MizCo Pty Ltd Contracting Division Commercial Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MizCo Pty Ltd Contracting Division Commercial Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MizCo Pty Ltd. 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. 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.

[4] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 May 2018 and, in accordance with s.54, will operate from 10 May 2018. The nominal expiry date of the Agreement is 3 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MizCo Pty Ltd, a contracting company, applied for the approval of its Commercial Enterprise Agreement 2018. The applicant, who was the employer, sought the Fair Work Commission's approval of the agreement, which had been negotiated with various unions representing its employees. The unions, who were the respondents, did not oppose the application but made submissions on certain aspects of the agreement. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement facilitated the efficient operation of the enterprise, promoted economic prosperity, and did not undermine the safety and health of employees. The Commission also considered whether the agreement provided for appropriate mechanisms to resolve disputes and protect employees' rights.

In delivering its decision, the Commission acknowledged that the agreement facilitated the efficient operation of the enterprise by providing flexibility in work arrangements and addressing specific issues relevant to the contracting industry. The Commission also found that the agreement promoted economic prosperity by providing for appropriate wage increases and benefits. Regarding employee safety and health, the Commission was satisfied that the agreement included appropriate provisions to protect employees. Finally, the Commission noted that the agreement provided for mechanisms to resolve disputes and protect employees' rights. Based on these findings, the Commission approved the agreement.

The Commission's final order was that the Commercial Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now be binding on the parties and would regulate the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement would provide certainty and stability to the parties and promote productive and harmonious workplace relations.

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