DECISION

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

Mainteck Services Pty Ltd
(AG2019/1974)

MAINTECK SERVICES PTY LTD PORT KEMBLA SLAB CASTER SEGMENT WORKSHOP ENTERPRISE COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 11 JULY 2019

Application for approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2019.

[1] 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 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mainteck Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and the Kindred Industries Union known as the Australian Manufacturing Workers' Union are bargaining representatives for the Agreement, and have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mainteck Services Pty Ltd, sought approval of a collective agreement with the workers employed at its Port Kembla Slab Caster Segment Workshop. The workers were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission involved ensuring the agreement complied with the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and interests. The Commission had to determine whether the proposed agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions and whether it had been genuinely negotiated. Additionally, the Commission assessed if the agreement adhered to the provisions concerning procedural fairness and the protection of vulnerable workers.

In delivering its decision, the Commission noted that the proposed agreement included provisions that were fair and reasonable in all respects. The Commission found that the agreement had been genuinely negotiated and contained terms that protected the interests of the employees. The Commission also confirmed that the agreement complied with the procedural fairness requirements and provided adequate protections for vulnerable workers. Consequently, the Commission approved the application and authorised the collective agreement.

The Fair Work Commission approved the application for the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2019. The approved agreement will govern the employment terms and conditions for the workers at the workshop, effective from the date of approval.

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