DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MizCo Pty Ltd
(AG2015/4844)

MIZCO PTY LTD CONTRACTING DIVISION COMMERCIAL ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the MizCo Pty Ltd Contracting Division Commercial Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MizCo Pty Ltd Contracting Division Commercial 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 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 14 September 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MizCo Pty Ltd sought approval of the Contracting Division Commercial Enterprise Agreement 2015, which was intended to replace the existing enterprise agreement. The Australian Building and Construction Commission opposed the approval, arguing that the agreement did not adequately protect employees' rights. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. The Commission examined several aspects, including whether the agreement provided for adequate minimum wages and conditions, and whether it was certified by an independent person as not containing any terms that were not reasonably required for the protection of employees' interests. The Commission also considered the extent to which the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

In reaching its decision, the Commission noted that while the proposed agreement provided for the preservation of certain benefits, it also contained provisions that were less favourable to employees than the existing agreement. The Commission found that the agreement did not adequately protect employees' rights in relation to penalty rates and leave provisions. The Commission also found that the agreement did not provide for appropriate mechanisms for the resolution of workplace disputes. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Contracting Division Commercial Enterprise Agreement 2015. The Commission's decision highlights the importance of ensuring that enterprise agreements adequately protect employees' rights and provide for appropriate mechanisms for the resolution of workplace disputes. Employers should carefully consider these factors when negotiating and drafting enterprise agreements to avoid similar outcomes.

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