DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mountain Industries Pty Ltd
(AG2015/517)

MOUNTAIN INDUSTRIES INTEGRATION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 APRIL 2015

Application for approval of the Mountain Industries Integration Enterprise Agreement 2014.

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

[2] On 30 March 2015 an undertaking was provided by Mr M Vitlich (Director Patrick Bulk & Automotive Port Services) in relation to clause 20 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 22 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mountain Industries Pty Ltd applied to the Fair Work Commission for the approval of the Mountain Industries Integration Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the provisions for good faith bargaining and whether it was a bona fide enterprise agreement. The Commission examined the process through which the agreement was negotiated, the manner in which the parties conducted the negotiations, and the terms of the agreement itself.

The Commission found that the agreement had been negotiated in good faith and was a bona fide enterprise agreement. It concluded that the employer had engaged in genuine discussions and had made reasonable efforts to reach an agreement. The terms of the agreement were deemed fair and reasonable, and the process by which it was negotiated was transparent and compliant with the statutory requirements. The Commission also noted that the agreement had been supported by the majority of the employees, indicating acceptance and endorsement of the negotiated terms.

As a result, the Fair Work Commission approved the Mountain Industries Integration Enterprise Agreement 2014. This approval signifies that the agreement is now legally binding on both the employer and the employees, ensuring that it is upheld and enforced in accordance with the provisions of the Fair Work Act 2009. The Commission's decision provided clarity and certainty for both parties, allowing them to move forward with the implementation of the agreed terms.

Mountain Industries 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