Mizco Pty Ltd T/A Mizco Pty Ltd Summary

[2024] FWCA 4545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mizco Pty Ltd T/A Mizco Pty Ltd

(AG2024/4747)

MIZCO PTY LTD CONTRACTING DIVISION COMMERCIAL SECTOR ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 17 DECEMBER 2024

Application for approval of the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2024

Mizco Pty Ltd T/A Mizco Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 3 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2024. The applicant, Mizco Pty Ltd, sought to have the agreement ratified as it had been negotiated between the employer and the union. The dispute centred on whether the terms of the agreement were fair and reasonable, as required by the relevant industrial relations legislation.

The court was tasked with determining if the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, and other employment-related matters. The court also needed to assess whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the legislation.

In its decision, the court found that the agreement was fair and reasonable and had been made in good faith. The court noted that the terms of the agreement were negotiated through a process that involved genuine consultation between the employer and the union. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court also found that the agreement complied with the procedural requirements of the legislation, including the provision of relevant information to the employees and the opportunity for the employees to vote on the agreement.

Accordingly, the court approved the Mizco Pty Ltd Contracting Division Commercial Sector Enterprise Agreement 2024. The agreement is now legally binding on the employer and the employees covered by the agreement, and it will regulate the terms and conditions of employment for the duration specified in the agreement.

Mizco Pty Ltd T/A Mizco Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established