Mainteck Services Pty Ltd

[2025] FWCA 1491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mainteck Services Pty Ltd

(AG2025/1275)

MAINTECK SERVICES PTY LTD PORT KEMBLA SLAB CASTER SEGMENT WORKSHOP ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 5 MAY 2025

Application for approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Agreement 2025

Mainteck Services Pty Ltd has applied for approval of a single enterprise agreement known as the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 18 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

The Agreement covers the Australian Workers’ Union and the Australian Manufacturing Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Mainteck Services Pty Ltd, the Fair Work Commission was called upon to consider the application for the approval of the proposed enterprise agreement between Mainteck Services Pty Ltd and its employees, specifically those working within the Port Kembla Slab Caster Segment Workshop. The application for the agreement's approval arose from negotiations between the employer and its workforce, seeking to formalise terms and conditions of employment moving forward.

The primary legal issues before the Commission involved the compliance of the proposed agreement with the Fair Work Act 2009, including whether the agreement met the criteria for being a protected action under the Act, and if it provided for the employees' minimum entitlements and other statutory obligations. Furthermore, the court had to assess whether the agreement had been genuinely negotiated and whether it provided for appropriate processes for resolving disputes between the parties.

The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements under the Fair Work Act. The agreement was deemed to be fair and reasonable, considering the context and the specific circumstances of the workforce involved. Additionally, the Commission determined that the agreement provided for minimum entitlements and included provisions for resolving disputes, thus satisfying the legislative criteria for approval. As a result, the Commission approved the application for the agreement's approval, recognising its compliance with the relevant provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established