DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mainteck Services Pty Ltd
(AG2016/6480)

MAINTECK SERVICES PLY LTD PORT KEMBLA SLAB CASTER SEGMENT WORKSHOP ENTERPRISE COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2016.

[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 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mainteck Services Pty Ltd, the Full Bench of the Fair Work Commission considered an application for the approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2016. The applicant, Mainteck Services Pty Ltd, sought the approval of this agreement which pertains to the terms and conditions of employment for workers in the slab caster segment workshop at the Port Kembla facility. The Fair Work Commission's role was to determine whether the agreement met the requirements set out in the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission needed to verify that the agreement had been made in accordance with the prescribed process and that the relevant employee representatives had been involved. Substantively, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in the spirit of cooperation between employers and employees.

The Commission found that the agreement had been made in accordance with the prescribed process, with adequate consultation and negotiation between the parties. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, taking into account the specific nature of the work and the economic circumstances. The Commission also considered the spirit of cooperation, noting that the agreement included provisions for dispute resolution and reflected a willingness to work collaboratively. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission granted the application and approved the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2016. This decision was made to ensure that the agreement would provide the appropriate framework for the employment relationship within the specified enterprise, balancing the interests of both the employer and the employees.

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