DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alexant Pty Ltd T/A Molmic
(AG2018/800)

MOLMIC ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 30 JULY 2018

Application for approval of the Molmic Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Molmic Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alexant Pty Ltd T/A Molmic. The Agreement is a multi-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 29 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Alexant Pty Ltd trading as Molmic, sought approval for the Molmic Enterprise Agreement 2018 under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement was not fairly made, did not provide for minimum entitlements, and contained unfair terms. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the enterprise agreement was fairly made, provided for the minimum entitlements of employees, and did not contain unfair terms. The court examined the processes involved in the agreement's negotiation and execution, the specific clauses of the agreement, and their compliance with statutory minimum standards. Additionally, the court assessed whether any provisions within the agreement were unfair under the Act.

The court found that the agreement was fairly made, as it was negotiated in good faith and included all necessary parties. It also determined that the agreement met the minimum entitlements required by law. However, the court identified certain clauses that were deemed unfair, including those that allowed for unilateral changes to employment conditions and those that restricted the rights of employees to take protected industrial action. Despite these findings, the court concluded that the unfair provisions could be severed without undermining the agreement's purpose. Consequently, the court approved the agreement with the unfair clauses removed.

The final order of the court was the approval of the Molmic Enterprise Agreement 2018 with the specified unfair clauses excluded. This decision ensured that the agreement complied with the Fair Work Act 2009 while maintaining its essential objectives and terms.

Alexant Pty Ltd T/A Molmic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established