Mainteck Services Pty Ltd

[2022] FWCA 1118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mainteck Services Pty Ltd

(AG2022/888)

Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 MARCH 2022

Application for the approval of Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mainteck Services Pty Ltd applied to the Fair Work Commission for the approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2022. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, the sole registered union involved in the enterprise. The matter was heard by Commissioner Ryan. The union opposed the agreement on the basis that it did not meet the minimum standards under the Fair Work Act 2009. The union also objected to the agreement on the basis that the process by which it was negotiated was not procedurally fair.

The union argued that the agreement did not provide for a minimum rate of pay and minimum leave entitlements, and did not include a dispute resolution procedure. The union also argued that the process by which the agreement was negotiated was unfair as there was no genuine attempt to negotiate. The union submitted that the employer had refused to provide information that the union had requested, and that the employer had not provided adequate opportunities for the union to be involved in the negotiation process. The employer argued that the agreement met all of the minimum standards under the Act, and that the process by which it was negotiated was fair.

The Commission found that the agreement did not meet the minimum standards as it did not include a dispute resolution procedure. The Commission found that the process by which the agreement was negotiated was fair as there was a genuine attempt to negotiate, and the employer provided adequate opportunities for the union to be involved in the negotiation process. The Commission refused to approve the agreement.

The Commission ordered that the application be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established