DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macweld Industries Pty Ltd
(AG2019/5)

MACWELD INDUSTRIES PTY. LTD. ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 17 APRIL 2019

Application for approval of the Macweld Industries Pty. Ltd. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macweld Industries Pty. Ltd. Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Macweld Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 April 2019.

[3] On 12 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 April 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Despite clause 19 of the Agreement, employees will be able to change the superannuation fund to which contributions are deducted as often as they like.

• A definition of casual employment has been inserted into the Agreement.

• Despite clauses 24 and 25 of the Agreement, annual leave and personal/carers Leave will accrue in accordance with the NES.

• Despite clause 26 of the Agreement, parental leave will be provided in accordance with the NES.

• Despite clause 30 of the Agreement, employees who abandon their employment will be entitled to notice under the NES and any deductions from pay arising from clause 30 will be subject to the operation of sections 324 and 326 of the Act.

• Weekend work will be subject to the penalties provided by the Manufacturing and Associated Industries Award 2010 (the Award).

• Despite clause 12 of the Agreement, the Applicant will observe the provision of clause 32.2(f) of the Award which concerns the provision or reimbursement of protective clothing and equipment.

[5] A copy of the undertaking has been provided to the employee bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Macweld Industries Pty Ltd, sought approval of their Enterprise Agreement 2018. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the workers within the company, specifically those covered by the proposed agreement. The FWC was required to determine whether the agreement met the requirements of the Act, including ensuring it provided for a safety net of minimum terms and conditions, and whether it was fair and reasonable.

The primary legal issue before the FWC was whether the Enterprise Agreement 2018 complied with the statutory criteria set out in the Fair Work Act. This involved assessing whether the agreement provided for a safety net of minimum terms and conditions, whether it was free from prohibited content, and whether it was otherwise fair and reasonable. The FWC had to consider the submissions from both parties, the evidence provided, and the broader public interest in ensuring that the agreement was fair and balanced.

In reaching its decision, the FWC examined the terms of the Enterprise Agreement 2018 and the submissions from both parties. The FWC concluded that the agreement did provide for a safety net of minimum terms and conditions and was free from prohibited content. It found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The FWC approved the Enterprise Agreement 2018, noting that it met all the statutory requirements.

The FWC approved the Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered by the parties and would govern the employment terms and conditions of the workers covered by the agreement. This decision provided certainty for both the employer and the employees, ensuring that their workplace relations were governed by an agreement that met the legal standards set by the Fair Work Act.

Macweld 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