Mainteck Pty Ltd

[2014] FWCA 7659

The attached document replaces the document previously issued with the above code on 30 October 2014.

The Agreement title in paragraph [1] has been amended.

Glenda Cameron

Relief Associate to Commissioner Riordan

Dated: 6 November 2014

[2014] FWCA 7659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mainteck Pty Ltd
(AG2014/9367)

MAINTECK PTY LTD PORT KEMBLA ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the Mainteck Pty Ltd Port Kembla Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Mainteck Pty Ltd Port Kembla Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mainteck Pty Ltd(the Applicant). The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mainteck Pty Ltd, sought approval of the Mainteck Pty Ltd Port Kembla Enterprise Agreement 2014 from the Fair Work Commission. The applicant is an employer engaged in the mechanical maintenance industry, and the application was contested by several unions representing employees. The dispute centred around the terms and conditions of employment, specifically those outlined in the proposed agreement, and whether they were fair and reasonable for the employees.

The legal issues before the Fair Work Commission included whether the agreement provided for fair remuneration, adequate safety measures, and appropriate working conditions for the employees. Additionally, the Commission had to determine if the agreement allowed for fair dispute resolution mechanisms and if it adhered to the relevant industrial laws and regulations. The unions argued that the proposed agreement did not adequately protect the employees' interests and failed to provide for sufficient rest periods and penalty rates.

The Fair Work Commission found that while the proposed agreement contained provisions that were fair and reasonable, there were certain aspects that needed to be amended to better protect the employees' interests. The Commission highlighted the importance of adequate rest periods and appropriate penalty rates for the employees. After considering the submissions from both parties and making the necessary amendments, the Commission approved the Mainteck Pty Ltd Port Kembla Enterprise Agreement 2014. The approved agreement now sets out the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established