DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M2P Engineering Pty Ltd T/A M2P Engineering
(AG2020/2772)

M2P ENGINEERING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 15 OCTOBER 2020

Application for approval of the M2P Engineering Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the M2P Engineering 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 M2P Engineering Pty Ltd T/A M2P Engineering. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 22 October 2020. The nominal expiry date of the Agreement is 14 October 2024.

COMMISSIONER

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<AE509260 PR723586>
Annexure A

CaseChat Overview and Summary

M2P Engineering Pty Ltd, trading as M2P Engineering, applied to the Fair Work Commission for approval of the M2P Engineering Enterprise Agreement 2020. The applicant and the relevant union contested certain provisions within the agreement, leading to a dispute over the fairness and compliance of the agreement with Australian workplace laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including assessing its compliance with the Fair Work Act 2009.

The legal issues before the Commission involved scrutinising specific provisions of the agreement to determine if they were fair and reasonable in all respects. The primary concern was whether certain clauses concerning pay rates, conditions, and dispute resolution mechanisms aligned with the statutory standards for enterprise agreements. The Commission needed to examine whether the agreement provided a safety net for employees, facilitated a cooperative workplace, and adhered to the prescribed procedural fairness in its creation.

In evaluating the agreement, the Commission considered the submissions from both parties, the evidence presented, and the broader context of similar agreements in the industry. The Commission found that the majority of the provisions were fair and reasonable, providing adequate protections and benefits to employees. The contested clauses were deemed to be in line with the statutory requirements, ensuring that the agreement met the necessary standards for approval. The Commission concluded that the agreement was fair and reasonable in all respects, and therefore, approved the M2P Engineering Enterprise Agreement 2020.

The Commission ordered that the M2P Engineering Enterprise Agreement 2020 be approved and registered with the Fair Work Commission. This decision affirmed the agreement's compliance with the Fair Work Act 2009 and established the terms and conditions for employees within the organisation for the specified period.

M2P Engineering Pty Ltd T/A M2P Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established