The Mancala Group T/A The Mancala Group Summary

[2014] FWCA 3859

FAIR WORK COMMISSION

DECISION

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

The Mancala Group T/A The Mancala Group
(AG2014/5828)

MANCALA GROUP OF COMPANIES ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 11 JUNE 2014

Application for approval of the Mancala Group of Companies Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Mancala Group of Companies Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was filed on 28 April 2014 by Mr Bill FitzGerald, from Australian Mines and Metals Association (AMMA), a representative for The Mancala Group (Mancala). The Agreement is a single Enterprise Agreement.

[2] An F17 Employer’s Declaration in Support of Application for Approval of an Enterprise Agreement was filed on 28 April 2014 by Mr Merv Saltmarsh, Group Human Resource Manager, Mancala.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:00pm on Tuesday, 10 June 2014.

[4] I have provided the Employee Bargaining Representatives listed in the application with the opportunity to indicate whether they wished to be heard in the matter. In the absence of any person indicating that they wished to be heard the matter was not listed for an attendance hearing.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years after the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mancala Group, trading as The Mancala Group, applied for the approval of the Mancala Group of Companies Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which is the body responsible for approving such agreements under Australian labour law. The nature of the dispute centred around the terms and conditions set forth in the proposed enterprise agreement, which was intended to govern the employment relationship between the company and its employees.

The legal issues that the court was required to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its aspects. The court examined whether the agreement met the criteria for approval, including that it did not provide for terms and conditions that were less favourable than the applicable national or industry award, and that it was not contrary to public policy. Additionally, the court considered whether the agreement had been made in accordance with the procedural requirements set out in the Act.

In reaching its decision, the court examined the evidence and submissions provided by both the applicant and the relevant employee representatives. The court considered the nature of the enterprise, the bargaining process, and the terms and conditions of the proposed agreement. The court found that the agreement complied with the statutory requirements and was fair and reasonable in all its aspects. The court also determined that the agreement had been made in accordance with the procedural requirements of the Act, and that it did not provide for terms and conditions that were less favourable than the applicable national or industry award.

The court approved the Mancala Group of Companies Enterprise Agreement 2014, finding that it met all the necessary criteria for approval. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it had been made in accordance with the statutory requirements. The court also found that the agreement was not contrary to public policy and that it did not provide for terms and conditions that were less favourable than the applicable national or industry award. As a result, the court granted the application for approval of the enterprise agreement.

The Mancala Group T/A The Mancala Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established