Macweld Industries Pty Ltd Summary

[2022] FWCA 4514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macweld Industries Pty Ltd

(AG2022/5165)

Macweld Industries Pty. Ltd. Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 20 DECEMBER 2022

Application for approval of the Macweld Industries Pty. Ltd. Enterprise Agreement 2022

Macweld Industries Pty Ltd has applied for approval of an enterprise agreement known as the Macweld Industries Pty. Ltd. Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 25 – Compassionate Leave;
·   Clause 29 – Public Holidays; and
·   Clause 30 – Notice of termination by employee.

However, noting clause 31 and the undertakings given by the Employer. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 19 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission, represented by the applicant, the Australian Manufacturing Workers' Union, considered an application for approval of the Macweld Industries Pty Ltd Enterprise Agreement 2022. The agreement was made between the employer, Macweld Industries Pty Ltd, and the union. The dispute centred around the terms of the enterprise agreement, specifically those concerning wages, working conditions, and other employment-related matters. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 234 of the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions, and whether it had been genuinely negotiated between the parties. The Commission also considered whether the agreement was in the best interests of the employees, taking into account the views of the employer and the union, as well as any other relevant factors.

The Fair Work Commission, after carefully reviewing the application and submissions from both parties, found that the enterprise agreement complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and had been genuinely negotiated between the parties. Additionally, the Commission concluded that the agreement was in the best interests of the employees, as it provided for appropriate wage increases, improved working conditions, and other beneficial terms. As a result, the Commission approved the Macweld Industries Pty Ltd Enterprise Agreement 2022.

Macweld Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established