Manchester Tank & Equipment Pty Ltd. Summary

[2013] FWCA 3950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manchester Tank & Equipment Pty Ltd.
(AG2013/1478)

MANCHESTER TANK & EQUIPMENT PTY LTD. (AUST) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2013

Application for approval of the Manchester Tank & Equipment Pty Ltd. (Aust) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Manchester Tank & Equipment Pty Ltd. (Aust) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Manchester Tank & Equipment Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Manchester Tank & Equipment Pty Ltd. (Aust), the Fair Work Commission was presented with an application for the approval of an enterprise agreement. The agreement in question was the Manchester Tank & Equipment Pty Ltd. (Aust) Enterprise Agreement 2013. The application arose amidst a dispute between the employer and the employees, primarily concerning the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issues before the Commission involved the compliance of the agreement with the Fair Work Act 2009. The Commission had to determine whether the agreement met the requirements for approval, including whether it facilitated the efficient operation of the business, ensured fairness for employees, and adhered to the procedural prerequisites outlined in the Act. Furthermore, the Commission needed to assess whether the agreement had been genuinely negotiated and if the necessary procedural fairness was observed in its formation.

After examining the evidence and arguments presented by both parties, the Commission concluded that the agreement largely complied with the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms for employees, and it did not hinder the efficient operation of the business. Additionally, the Commission found that the procedural fairness had been observed during the negotiation process. Consequently, the Commission approved the Manchester Tank & Equipment Pty Ltd. (Aust) Enterprise Agreement 2013, thereby resolving the dispute in favour of the employer.

Manchester Tank & 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