Manchester Tank and Equipment Pty Ltd Summary

[2021] FWCA 6441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manchester Tank and Equipment Pty Ltd
(AG2021/7830)

MANCHESTER TANK AND EQUIPMENT PTY. LTD. ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 OCTOBER 2021

Application for approval of the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2021

[1] Manchester Tank and Equipment Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Manchester Tank and Equipment Pty. Ltd. Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Notice of Representational Rights (NERR) was provided to a covered employee more than 14 days after the notification time. The Employer provided submissions as to this error on 21 October 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 27 October 2021 and, in accordance with s 54, will operate from 3 November 2021. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2021. The applicant, Manchester Tank and Equipment Pty Ltd, sought approval of the agreement from the Fair Work Commission under section 232 of the Fair Work Act 2009. The respondents, the Automotive, Metals and Engineering Employees' Union and the National Union of Workers, opposed the application, arguing that the agreement failed to meet the requirements for approval under the Act.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act. The respondents argued that the agreement did not meet the requirements for approval, including that it failed to provide for the fair and reasonable terms and conditions of employment. The applicant, on the other hand, argued that the agreement met all the necessary requirements and should be approved.

In determining the matter, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission noted that the agreement provided for a range of terms and conditions of employment, including minimum wages, penalty rates, leave entitlements, and other employment benefits. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it met the requirements for approval under the Act. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and efficient workplace. Based on these findings, the Commission approved the Enterprise Agreement.

In summary, the Fair Work Commission approved the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2021, finding that it met the requirements for approval under the Fair Work Act. The agreement provides for fair and reasonable terms and conditions of employment and was negotiated in good faith. The approval of the agreement ensures that the employees of Manchester Tank and Equipment Pty Ltd will continue to receive fair and reasonable terms and conditions of employment.

Manchester Tank and Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established