DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Malteurop Australia Pty Ltd
(AG2016/2418)

MALTEUROP AUSTRALIA OPERATORS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Malteurop Australia Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Malteurop Australia Operators Enterprise Agreement 2016 (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] 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Malteurop Australia Pty Ltd, the Fair Work Commission was called upon to approve the Malteurop Australia Operators Enterprise Agreement 2016. The application for approval was made by the employer, Malteurop Australia Pty Ltd, and the dispute centred on whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The employees were represented by a union, and the court needed to determine whether the agreement provided for the employees' minimum entitlements and did not contain any provisions that were contrary to public policy.

The primary legal issues that the court had to decide were whether the agreement complied with the mandatory provisions of the Fair Work Act, and whether it contained any invalid provisions that would render it unenforceable. The court had to examine the provisions of the agreement to ensure that they did not contravene any of the provisions of the Act, and that they provided for the employees' minimum entitlements. Additionally, the court needed to determine whether any of the provisions were contrary to public policy, such as provisions that sought to undermine the rights of employees or that were otherwise objectionable on public policy grounds.

The Fair Work Commission found that the agreement was compliant with the mandatory provisions of the Act and provided for the employees' minimum entitlements. The court examined each provision of the agreement to ensure that it complied with the Act, and found that there were no provisions that were contrary to public policy. The court found that the agreement was fair and reasonable, and approved it in its entirety. The court considered that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees, and that it met the legal standards for enterprise agreements under the Act.

The final orders of the court were that the Malteurop Australia Operators Enterprise Agreement 2016 be approved as a registered agreement under section 179 of the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of registration. The court's decision provided certainty for both the employer and the employees, and ensured that the agreement would be enforceable under the Act.

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