DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manchester Tank & Equipment Pty Ltd.
(AG2016/5910)

MANCHESTER TANK AND EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Manchester Tank and Equipment Pty Ltd 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 Manchester Tank & Equipment 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] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 7 November 2016 and, in accordance with s.54, will operate from 14 November 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Manchester Tank & Equipment Pty Ltd applied for the approval of the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2016. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly sections pertaining to the approval of enterprise agreements. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issue before the court was whether the enterprise agreement provided for the mandatory terms set out in the Fair Work Act 2009. Specifically, the court had to examine whether the agreement adequately addressed the requirements for minimum wages, classification of employees, and other relevant employment conditions. The application also required scrutiny of whether the agreement had been made in accordance with the procedural requirements stipulated by the Act.

The Commission found that the enterprise agreement was consistent with the mandatory terms of the Fair Work Act 2009. The agreement was deemed to have been made in good faith and was considered to provide for a fair and efficient workplace. The court noted that the agreement had been negotiated between the employer and the employees' representatives, and that it had been properly certified by the relevant authorities. Consequently, the application for approval was granted.

The Fair Work Commission approved the Manchester Tank and Equipment Pty Ltd Enterprise Agreement 2016. The decision was based on the finding that the agreement complied with all statutory requirements and was fair and efficient. The approval of the agreement ensures that the terms and conditions of employment for the workers are legally binding and enforceable.

Manchester Tank & 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