DECISION

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

FMC Manufacturing Pty Ltd T/A FMC Manufacturing Pty Ltd
(AG2020/3466)

FMC MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the FMC Manufacturing Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FMC Manufacturing Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FMC Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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 was approved on 24 November 2020 and, in accordance with s.54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court was asked to approve an enterprise agreement between FMC Manufacturing Pty Ltd and its employees. The applicants, FMC Manufacturing Pty Ltd, sought the court's endorsement of the FMC Manufacturing Pty Ltd Enterprise Agreement 2020. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while no objections were raised by any party, including the employees.

The legal issues before the court involved determining whether the agreement complied with the statutory requirements for approval. This included assessing whether the agreement was genuinely bargained between the parties, whether it included minimum entitlements as specified in the Fair Work Act, and whether it was free from any prohibited content. Additionally, the court had to consider whether the agreement was in the best interest of the employees and whether it would promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement was genuinely negotiated and contained all the required minimum entitlements. It also concluded that the agreement did not include any prohibited content and was beneficial for the employees. The court considered the lack of objections as a strong indicator of the agreement's fairness and reasonableness. Based on these findings, the court approved the enterprise agreement. The applicants were ordered to give effect to the terms of the agreement from the date of the court's approval.

FMC Manufacturing Pty Ltd T/A FMC Manufacturing 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