DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Malteurop Australia Pty Ltd
(AG2019/1927)

MALTEUROP AUSTRALIA OPERATORS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 3 JULY 2019

Application for approval of the Malteurop Australia Operators Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Malteurop Australia Operators Enterprise Agreement 2019 (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.

[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] 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) I note that the Agreement covers the organisation.

[4] The Agreement lodged contained an error at clauses 1.6, 2.3.b & 2.3.c. On 2 July 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Malteurop Australia Pty Ltd, sought approval for the Malteurop Australia Operators Enterprise Agreement 2019, which they had entered into with the relevant trade union. The application was made to the Fair Work Commission under the Fair Work Act 2009, as the agreement was deemed to be a "simplified modernisation agreement." The dispute centred on the procedural fairness and the terms of the agreement itself, including whether the agreement was appropriately negotiated and whether it complied with the statutory requirements for approval.

The court was required to determine whether the agreement was genuinely negotiated and if it met the criteria for a "simplified modernisation agreement." Additionally, the court had to assess if the applicants had acted in good faith during the negotiation process and whether the terms of the agreement were fair and reasonable. The court also needed to examine whether the agreement complied with the relevant sections of the Fair Work Act.

The Fair Work Commission held that the applicants had genuinely negotiated the agreement and that it met the criteria for a simplified modernisation agreement. The Commission found that the applicants had acted in good faith and that the terms of the agreement were fair and reasonable. Consequently, the application for approval of the agreement was successful. The Commission emphasised the importance of procedural fairness and genuine negotiation in the context of enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the Malteurop Australia Operators Enterprise Agreement 2019. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would come into effect from the date of the decision. The applicants were directed to take all necessary steps to give effect to the agreement, including providing relevant information to employees and ensuring compliance with its terms.

Malteurop Australia 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