M2P Engineering Pty Ltd

[2024] FWCA 4397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

M2P Engineering Pty Ltd

(AG2024/4381)

M2P ENGINEERING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 10 DECEMBER 2024

Application for approval of the M2P Engineering Enterprise Agreement 2024

M2P Engineering Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the M2P Engineering Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 June 2024 and the Agreement was made on 29 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from

17 December 2024. The nominal expiry date of the Agreement is 10 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by M2P Engineering Pty Ltd for approval of a proposed enterprise agreement. The applicant, M2P Engineering, is an employer, while the respondents, including the Construction, Forestry, Maritime, Mining and Energy Union, sought to have the agreement approved as a lawful and effective workplace arrangement. The dispute centred around the terms and conditions of employment that the proposed agreement intended to set for the workforce.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if the process for negotiating and finalising the agreement was fair and in compliance with relevant provisions. Specifically, the Commission had to determine if the agreement was made in good faith, provided for proper processes for resolving disputes, and did not undermine the protections of the National Employment Standards.

The Fair Work Commission found that the agreement satisfied all the necessary statutory criteria. It was concluded that the agreement was negotiated in good faith, and the process adhered to the requirements of the Fair Work Act. The terms of the agreement were deemed to be fair and reasonable, providing appropriate protections and benefits to the employees. The Commission approved the M2P Engineering Enterprise Agreement 2024, noting that it complied with all relevant provisions and would serve as a lawful framework for the employment relationship.

As a result, the Commission issued an order approving the enterprise agreement, which will now apply to the employees of M2P Engineering Pty Ltd from the effective date as specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established