DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macweld Industries Pty Ltd
(AG2016/5214)

MACWELD INDUSTRIES PTY. LTD. ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Macweld Industries Pty. Ltd. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Macweld Industries Pty. Ltd. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macweld Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 3 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Macweld Industries Pty Ltd was the subject of a decision by the Fair Work Commission, where the central issue was the application for approval of the Macweld Industries Pty Ltd Enterprise Agreement 2016. The dispute arose as a negotiation between the employer and the employees represented by the United Voice union. The Fair Work Commission was tasked with determining whether the agreement met the necessary legislative standards for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement contained the required minimum entitlements as stipulated by the Act, and whether the agreement had been negotiated in good faith. Additionally, the Commission examined whether the agreement included appropriate dispute resolution mechanisms and if it adhered to the provisions relating to protected actions. The Commission also assessed whether the agreement complied with the requirements for public disclosure and whether any provisions in the agreement contravened any provisions of the Act.

In examining these issues, the Fair Work Commission considered submissions from both parties and took into account the broader context of the agreement. The Commission found that the agreement did indeed include the mandated minimum entitlements, was negotiated in good faith, and contained suitable dispute resolution provisions. Furthermore, the Commission determined that the agreement did not contain any provisions that contravened the Act and was suitable for public disclosure. As a result, the Commission approved the Macweld Industries Pty Ltd Enterprise Agreement 2016, affirming its compliance with the relevant legal standards.

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