DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maintenance Market (WA) Pty Ltd
(AG2015/6469)

MAINTENANCE MARKET OPERATIONS SAFETY NET AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the MAINTENANCE MARKET Operations Safety Net Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MAINTENANCE MARKET Operations Safety Net Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maintenance Market (WA) 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 9 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maintenance Market (WA) Pty Ltd applied to the Fair Work Commission for approval of an Operations Safety Net Agreement 2015. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the application. The dispute centred on the validity and enforceability of the proposed agreement, which aimed to provide a safety net for employees in the maintenance industry in Western Australia.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if it complied with the good faith bargaining obligations. The CFMMEU argued that the agreement did not adequately protect employees and failed to meet the genuine negotiation criteria. In contrast, Maintenance Market contended that the agreement was the product of genuine bargaining and was fair and reasonable.

The Commission examined the evidence and submissions from both parties, considering the process through which the agreement was negotiated. It found that the agreement was genuinely negotiated and complied with the good faith bargaining obligations. The Commission highlighted that the agreement provided a balanced and fair outcome for both parties, ensuring the safety and well-being of employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Operations Safety Net Agreement 2015, finding it to be genuinely negotiated and compliant with the statutory requirements. The Commission emphasised the importance of the agreement in providing a safety net for employees in the maintenance industry. The decision underscores the Commission's commitment to facilitating fair and balanced agreements that protect the interests of both employers and employees.

Maintenance Market (WA) 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