DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Consolidated Industries Pty Ltd
(AG2014/10471)

MACKAY CONSOLIDATED INDUSTRIES PTY LTD UNION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JANUARY 2015

Application for approval of the Mackay Consolidated Industries Pty Ltd Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Mackay Consolidated Industries Pty Ltd Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Mackay Consolidated Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers (NUW) with respect to these undertakings.

[5] The AMWU and NUW, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and NUW.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 14 January 2015. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Mackay Consolidated Industries Pty Ltd (MCI) sought approval of a Union Enterprise Agreement (the 2014 Agreement) from the Fair Work Commission (FWC) for its employees. The Australian Workers' Union Queensland Branch (the Union) brought the application, arguing that the agreement met the requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the Union arguing that the agreement provided for fair and reasonable terms and conditions for its members.

The legal issues before the FWC were whether the 2014 Agreement contained the minimum terms and conditions required by the Fair Work Act 2009, whether the agreement was made in good faith and whether the agreement provided for fair and reasonable terms and conditions for the employees. The FWC considered submissions from both parties, including evidence about the bargaining process and the content of the agreement. The Union argued that the agreement was fair and reasonable and that it had been made in good faith, while MCI argued that the agreement did not meet the requirements for approval.

The FWC found that the 2014 Agreement contained the minimum terms and conditions required by the Fair Work Act 2009, and that it had been made in good faith. The FWC also found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it met the requirements for approval under the Act. The FWC approved the 2014 Agreement, subject to certain modifications to address concerns about its compliance with the Act. The FWC noted that the agreement provided for a range of benefits for employees, including improved pay and conditions, and that it reflected the parties' efforts to reach a fair and reasonable agreement.

The FWC's decision was based on a careful consideration of the evidence and submissions from both parties. The FWC found that the 2014 Agreement met the requirements for approval under the Fair Work Act 2009, and that it provided for fair and reasonable terms and conditions for the employees. The FWC's approval of the 2014 Agreement was subject to certain modifications, which addressed concerns about its compliance with the Act. Overall, the decision reflects the FWC's role in ensuring that enterprise agreements are fair and reasonable, and that they meet the requirements for approval under the Act.

Mackay Consolidated Industries 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