DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manchester Tank and Equipment Pty Ltd
(AG2018/5050)

MANCESTER TANK AND EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manchester Tank and Equipment Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 February 2019 and, in accordance with s.54, will operate from 11 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Manchester Tank and Equipment Pty Ltd recently brought an application before the Fair Work Commission seeking approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2018. The dispute arose in the context of industrial relations and the approval of a proposed enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the formal requirements for approval, whether it complied with the statutory "better off overall test" and whether it contained provisions that were contrary to public policy. The applicant argued that the agreement was fair and reasonable, while opponents contended that certain provisions were unfair and did not meet the necessary standards for approval.

The Fair Work Commission, after thorough examination, found that the agreement complied with the formal requirements and met the better off overall test. The Commission determined that the provisions of the agreement did not contravene any public policy considerations. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable. This decision ensures that the agreement will now be binding on the parties involved, providing a framework for their industrial relations going forward.

Manchester Tank and Equipment 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