DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Makmur Enterprises Pty Ltd
(AG2014/8418)

MAKMUR ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Makmur Enterprises Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Makmur Enterprises Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 1 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, Makmur Enterprises Pty Ltd, applied for approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2014. The Respondent, the Retail and Fast Food Workers Union of Victoria, opposed the application. The dispute centred around the procedural fairness of the agreement, particularly the process by which the employer conducted employee consultations.

The Commission examined whether the employer had acted in a manner that was procedurally fair, ensuring employees had a genuine opportunity to be heard. Issues included whether the employer adequately informed employees about the consultation process, provided sufficient information for informed decision-making, and whether there was any coercion or pressure applied during the consultation. The Commission considered submissions from both parties and relevant legislative provisions, particularly those in the Fair Work Act 2009.

After evaluating the evidence and submissions, the Commission found that the employer had not fully met the requirements of procedural fairness. The employer had failed to provide employees with adequate information and meaningful opportunities to provide input. Consequently, the Commission rejected the application for approval of the enterprise agreement. The decision underscored the importance of fair and transparent consultation processes in the creation of enterprise agreements.

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