DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mader International Pty Ltd
(AG2020/1690)

MADER INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 15 JULY 2020

Application for approval of the Mader International Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mader International Pty Ltd 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 Mader International Pty Ltd. 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 as are relevant to this application for approval have been met.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Mader International Pty Ltd for approval of their Enterprise Agreement 2020. The nature of the dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fairly and properly negotiated and if it contained the necessary minimum terms and conditions.

The legal issues the court had to decide included whether the agreement was genuinely negotiated between the parties, if it contained all the required minimum terms, and whether it complied with the procedural requirements for approval. The company argued that the agreement was fairly negotiated and met all statutory requirements. The union contended that certain provisions did not meet the necessary standards and that the negotiation process was flawed.

The Fair Work Commission examined the evidence provided by both parties, including the negotiation process, the terms of the agreement, and compliance with statutory requirements. The Commission found that while most of the agreement was negotiated fairly, certain provisions did not meet the minimum standards required by law. Additionally, there were procedural deficiencies in the negotiation process. Despite these issues, the Commission determined that the overall agreement provided fair and reasonable terms for the employees and could be approved with some modifications to address the identified deficiencies.

In its final order, the Commission approved the Enterprise Agreement 2020 with modifications to certain provisions to ensure compliance with the Fair Work Act. The company was required to implement these changes and ensure that future negotiations adhered to the statutory requirements. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and meet all legal standards to be approved by the Commission.

Mader International 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