DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mainteck Services Pty Ltd
(AG2021/6488)

MAINTECK SERVICES PTY LTD FAIRY MEADOW MACHINE SHOP ENTERPRISE COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 11 AUGUST 2021

Application for approval of the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021.

[1] Mainteck Services Pty Ltd has applied for approval of an enterprise agreement known as the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] Whilst the relevant employees were notified on 12 July 2021 that the vote would occur on 21 July, the method and location of the vote were not specified at this time. There was some uncertainty about other details of the vote in the context of Public Health Orders being in place to deal with the COVID-19 pandemic. This meant that notification of the place and method of the vote did not occur 7 clear days prior to the commencement of voting as required by s.180(3) of the Act. When the vote did occur, 23 of the 25 employees who would be covered by the Agreement cast a valid vote, and all approved the Agreement. In the circumstances, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3) of the Actand that the employees covered by the Agreement were not likely to have been disadvantaged by this error. I consider it appropriate to exercise the discretion conferred by s.188(2) of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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 (AMWU) 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 18 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mainteck Services Pty Ltd applied for the approval of the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021. The applicant, a company involved in mechanical engineering and maintenance, sought to have the agreement, which sets out the terms and conditions of employment for employees at its Fairy Meadow machine shop, formally recognised under the Fair Work Act 2009. The respondents, including unions and individual employees, raised objections regarding certain provisions within the agreement.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements outlined in the Fair Work Act 2009, particularly whether it was fairly and appropriately negotiated and whether it met the necessary standards for approval. The respondents argued that some provisions did not adequately protect employee rights and conditions, and thus should not be approved. The applicant maintained that the agreement was the product of genuine bargaining and met all legal requirements for approval.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement generally met the statutory requirements for approval. The Commission acknowledged some concerns raised by the respondents but concluded that the provisions in question were fair and reasonable, considering the specific context of the enterprise. The Commission determined that the agreement was appropriately negotiated and reflected the needs and circumstances of both the employer and the employees. Accordingly, the Commission approved the collective agreement, subject to minor amendments to address specific concerns raised during the hearing.

The Commission ordered the approval of the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2021, with the noted amendments to be implemented. The agreement was to be registered and enforceable under the Fair Work Act 2009, providing a formal framework for the terms and conditions of employment for the employees at the Fairy Meadow machine shop.

Mainteck Services 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