DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Makmur Enterprises Pty Ltd
(AG2017/3070)

MAKMUR ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 OCTOBER 2017

Application for approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Makmur Enterprises Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Makmur Enterprises 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 October 2017, in accordance with s.54, will operate from 18 October 2017. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Makmur Enterprises Pty Ltd applied for the approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2017. The respondent, Australian Manufacturing Workers' Union, contested the application on several grounds, asserting that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the provisions concerning the treatment of employees' working conditions, including pay rates, hours of work, and other employment terms.

The legal issues before the Commission were whether the agreement met the formal requirements under the Act and whether it complied with the "better-off, worse-off" test, ensuring employees were not worse off financially and were provided with benefits that were better than those under the applicable award. Additionally, the Commission examined whether the agreement contained terms that were contrary to public policy or contravened any other legislative provisions.

The Commission found that the agreement substantially complied with the statutory requirements. It was determined that the agreement did not disadvantage employees and, in fact, provided them with better terms and conditions than those stipulated in the relevant award. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or any other legislation. Accordingly, the application for approval of the enterprise agreement was granted.

The Commission ordered the approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions of the employees covered by the agreement, subject to any further disputes or amendments that may arise in the future.

Makmur Enterprises 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