DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mainteck Services Pty Ltd
(AG2018/1222)

MAINTECK SERVICES PTY LTD FAIRY MEADOW MACHINE SHOP ENTERPRISE COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 JUNE 2018

Application for approval of the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2018. The respondent, United Voice, represented the employees of Mainteck Services Pty Ltd and did not oppose the application. The primary issue before the Commission was whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made without coercion, undue influence, or any other improper conduct, and if it was made in good faith.

The Commission considered the evidence presented by both parties, including witness testimonies and documentary evidence. It was noted that the agreement was negotiated in a reasonable manner and that there was no evidence of coercion or undue influence. The Commission was satisfied that the agreement was made in good faith and that it met the requirements of the Fair Work Act 2009. The Commission also considered the benefits of the agreement to the employees, including improved wages and conditions, and determined that these benefits outweighed any potential detriments.

In light of the evidence presented and the considerations outlined above, the Commission approved the Mainteck Services Pty Ltd Fairy Meadow Machine Shop Enterprise Collective Agreement 2018. The agreement is now legally binding on both parties and will govern the employment conditions of the employees of Mainteck Services Pty Ltd. The Commission emphasised the importance of good faith bargaining and the need for all parties to adhere to the terms of the agreement.

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