DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kate Lawrence
(AG2018/5596)

MARUBENI-ITOCHU TUBULARS OCEANIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2019

Application for approval of the Marubeni-Itochu Tubulars Oceania Pty Ltd Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Marubeni-Itochu Tubulars Oceania Pty Ltd Employee Collective 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 Ms Kate Lawrence. The Agreement is a single 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] I note that Clause 17.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 20 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kate Lawrence, on behalf of the Australian Manufacturing Workers' Union, applied for the approval of the Marubeni-Itochu Tubulars Oceania Pty Ltd Employee Collective Agreement 2018. The application was heard by the Fair Work Commission (FWC) in Australia, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the collective agreement was made in good faith and without coercion, and whether it provided for a fair and efficient method for resolving disputes. Additionally, the FWC needed to assess if the agreement contained terms and conditions that were consistent with the national minimum standards set out in the Fair Work Act and the relevant awards.

In reaching its decision, the FWC considered the evidence presented by both parties, including the negotiation process and the terms of the agreement. The FWC found that the agreement was made in good faith and without coercion and that it provided for a fair and efficient method for resolving disputes. The FWC also found that the terms and conditions of the agreement were consistent with the national minimum standards and relevant awards. Consequently, the FWC approved the Marubeni-Itochu Tubulars Oceania Pty Ltd Employee Collective Agreement 2018.

This decision highlights the importance of ensuring that collective agreements meet the legal requirements for approval, including being made in good faith, without coercion, and providing for a fair and efficient method for resolving disputes. Additionally, the decision underscores the need for agreements to comply with the national minimum standards and relevant awards.

Kate Lawrence

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established