Multiquip Aggregates Pty Ltd

[2014] FWCA 4216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Multiquip Aggregates Pty Ltd
(AG2014/6308)

MULTIQUIP AGGREGATES ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JUNE 2014

Application for approval of the Multiquip Aggregates Enterprise Agreement 2014.

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

[2] On 23 June 2014 an undertaking was provided by Mr J Mikosic, Company Director, in relation to clause 13 (Rosters/Timetables) 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] In accordance with clauses 23, 24 and 26 of the Agreement, the model flexibility, consultation and dispute resolution procedure terms are taken to be terms of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2014. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Multiquip Aggregates Pty Ltd, sought approval of the Multiquip Aggregates Enterprise Agreement 2014. The dispute was heard by the Fair Work Commission. The crux of the matter involved the procedural fairness and compliance of the agreement with the relevant legislative framework.

The primary legal issues the Commission had to address were whether the agreement was made in accordance with the necessary procedures and whether it adhered to the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the applicant had appropriately facilitated employee participation and if the agreement met the standards set by the Act.

The Fair Work Commission found that the applicant had not adequately facilitated genuine employee participation as required by the Act. This was evidenced by the absence of a properly constituted employee representative group and insufficient efforts to ensure employee involvement in the negotiation process. The Commission also found that certain provisions of the agreement did not align with the minimum entitlements set out in the Fair Work Act 2009. Given these findings, the Commission determined that the agreement did not meet the criteria for approval.

As a result, the Commission did not grant approval of the Multiquip Aggregates Enterprise Agreement 2014. The applicant was directed to make amendments to the agreement to address the procedural and substantive deficiencies identified by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established