DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MizCo Pty Ltd
(AG2016/2566)

MIZCO PTY ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 14 APRIL 2016

Application for approval of the Mizco Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Mizco Pty Ltd Enterprise Agreement 2016 - 2020 (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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2016. The nominal expiry date of the Agreement is 13 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MizCo Pty Ltd applied to the Fair Work Commission for the approval of the Mizco Pty Ltd Enterprise Agreement 2016-2020. The applicants argued that the agreement was appropriate for registration, whereas the respondents contested its approval, citing several issues. The matter was heard by the Fair Work Commission.

The legal issues that arose for determination were whether the agreement satisfied the requirements of the Fair Work Act 2009, particularly in relation to its compliance with the "better off overall test" and the "provisions for the protection of employees." The respondents argued that the agreement did not meet the better off overall test as it did not provide employees with a sufficient increase in remuneration and benefits to justify the reduced notice periods and other terms.

The Commission found that the agreement did satisfy the better off overall test. It noted that the agreement provided for a 2.5% increase in wages and a $1,000 lump sum payment to employees, which, when considered with the other benefits, resulted in employees being better off overall. The Commission also concluded that the agreement contained appropriate protections for employees, including provisions for redundancy and dispute resolution.

The Commission approved the Mizco Pty Ltd Enterprise Agreement 2016-2020, finding that it met the necessary criteria under the Fair Work Act. The agreement was thus registered, and the application was successful.

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