DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Molmic Pty Ltd; Alexant Pty Ltd
(AG2014/10467)

MOLMIC ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 13 JANUARY 2015

Application for approval of the Molmic Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Molmic Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Molmic Pty Ltd and Alexant Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 19 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Molmic Pty Ltd, Alexant Pty Ltd, and the Australian Building and Construction Commission. The dispute was about the approval of the Molmic Enterprise Agreement 2014. The Australian Building and Construction Commission applied to the Fair Work Commission for approval of the agreement, which was the subject of an enterprise bargaining process. The Commission argued that the agreement should be approved as it met the necessary criteria for such agreements.

The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it complied with the relevant legislative requirements. This involved examining if the agreement had been made in good faith, whether it contained the necessary provisions, and if the bargaining process was conducted appropriately. The court had to consider the evidence provided and apply the relevant legal principles to determine if the agreement was compliant.

The Fair Work Commission found that the Molmic Enterprise Agreement 2014 was a genuine enterprise agreement. The Commission noted that the agreement was the result of genuine bargaining between the employer and the employees. It was determined that all the necessary provisions were included, and the agreement was made in good faith. The Commission was satisfied that the bargaining process was conducted appropriately, and the agreement was therefore approved.

As a result of the findings, the Fair Work Commission approved the Molmic Enterprise Agreement 2014. The court ordered that the agreement be approved and registered under the Fair Work Act 2009. The decision confirmed that the agreement was valid and enforceable, providing certainty for the parties involved.

Molmic Pty Ltd; Alexant 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