Manchester Tank and Equipment Pty Ltd

[2024] FWCA 2785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Manchester Tank and Equipment Pty Ltd

(AG2024/2560)

MANCHESTER TANK AND EQUIPMENT PTY. LTD. ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 29 JULY 2024

Application for approval of the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Manchester Tank and Equipment Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Manchester Tank and Equipment Pty Ltd, an employer, and its employees, represented by a union. The primary issue was the approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2024, which outlined terms and conditions of employment. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was made in good faith, covered a relevant group of employees, and provided for fair and reasonable terms and conditions.

The legal issues centred on whether the agreement complied with the statutory criteria for approval. The Commission considered whether the agreement was genuinely negotiated between the employer and the union, if it was free from coercion, and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the court examined if the agreement appropriately balanced the rights and interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission found that the agreement was genuinely negotiated in good faith and covered the relevant group of employees. The Commission concluded that the agreement met the statutory requirements for approval, as it provided for fair and reasonable terms and conditions. The agreement included provisions for minimum wages, overtime, leave entitlements, and other employment conditions that were deemed to be reasonable. As a result, the Commission approved the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2024.

The final orders of the Commission were to approve the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees at Manchester Tank and Equipment Pty Ltd. The approval was based on the finding that the agreement was made in good faith, was free from coercion, and provided for fair and reasonable terms and conditions. The decision was made in accordance with the statutory provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established