Malteurop Australia Pty Ltd Summary

[2022] FWCA 578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Malteurop Australia Pty Ltd

(AG2022/292)

Malteurop Australia Operators Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 FEBRUARY 2022

Application for approval of the Malteurop Australia Operators Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Malteurop Australia Operators Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Malteurop Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 21 February 2022 and, in accordance with s.54, will operate from 28 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Malteurop Australia Pty Ltd, the Fair Work Commission was tasked with assessing the application for approval of the Malteurop Australia Operators Enterprise Agreement 2022. The dispute centred on the terms of the proposed enterprise agreement, which sought to establish new conditions of employment for the workers within the company. The application was brought by the employer, Malteurop Australia, while the Australian Manufacturing Workers' Union acted on behalf of the employees. The nature of the disagreement lay in the specifics of the agreement, particularly regarding wages, working hours, and other employment conditions.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing for a fair and efficient method of determining wages and other conditions of employment. The Commission needed to determine if the agreement was made in good faith, if it complied with the procedural requirements, and if it provided for a fair and efficient method of determining wages and other conditions of employment. Furthermore, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees.

In delivering its decision, the Commission examined the proposed agreement clause by clause, considering the submissions from both parties. The Commission found that the agreement was made in good faith and satisfied the procedural requirements. It was noted that the agreement provided for a fair and efficient method of determining wages and other conditions, with appropriate protections for employees. The Commission was satisfied that the agreement did not unfairly discriminate against any group of employees and that it met the requirements of the Fair Work Act 2009. Consequently, the Commission approved the application for the Malteurop Australia Operators Enterprise Agreement 2022.

The final orders of the Commission were that the Malteurop Australia Operators Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. This decision sets a precedent for the terms and conditions of employment within the company and provides a framework for future negotiations between the employer and the union.

Malteurop Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established