FMP Group (Australia) Pty Ltd T/A FMP Australia

[2023] FWCA 1452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FMP Group (Australia) Pty Ltd T/A FMP Australia

(AG2023/1269)

FMP GROUP (AUSTRALIA) PTY LIMITED, ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 19 MAY 2023

Application for approval of the FMP Group (Australia) Pty Limited, Enterprise Agreement 2023.

FMP Group (Australia) Pty Ltd T/A FMP Australia (the Employer) has made an application for approval of an enterprise agreement known as the FMP Group (Australia) Pty Limited, Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 19 May 2023 and, in accordance with s.54, will operate from 26 May 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FMP Group (Australia) Pty Ltd, trading as FMP Australia, applied to the Fair Work Commission for approval of their Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the employees within the relevant bargaining unit. The application was heard by the Commission, which had to determine if the agreement was fair and reasonable.

The legal issues that the Commission had to decide included whether the agreement complied with the Fair Work Act 2009, whether it covered the correct bargaining unit, and if it provided for minimum entitlements, including minimum wages, penalty rates, and leave entitlements. The Commission also had to consider if the agreement was consistent with the National Employment Standards and if it allowed for genuine employee consultation and participation.

The Commission found that the agreement was fair and reasonable, compliant with the Act, and covered the correct bargaining unit. The agreement provided for minimum entitlements and was consistent with the National Employment Standards. The Commission was satisfied that the agreement allowed for genuine employee consultation and participation. The application was approved, and the agreement was registered.

The Fair Work Commission approved the Enterprise Agreement 2023 for FMP Group (Australia) Pty Ltd trading as FMP Australia. The agreement was registered, and the terms and conditions set out in the agreement would apply to the employees within the relevant bargaining unit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established