Manildra Energy Australia Pty Ltd T/A Manildra

[2017] FWCA 2031

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd T/A Manildra

(AG2017/1116)

Manildra Group (Altona) Enterprise Agreement 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2017

Application for approval of the Manildra Group (Altona) Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Manildra Group (Altona) 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 Manildra Energy Australia Pty Ltd T/A Manildra. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 12 April 2017 and, in accordance with s.54, will operate from 19 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Manildra Energy Australia Pty Ltd, trading as Manildra, a dispute arose concerning the approval of the Manildra Group (Altona) Enterprise Agreement 2016. The matter was brought before the Fair Work Commission. The company sought to have the agreement approved, while certain employee representatives raised objections to specific terms and conditions within the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained provisions that were contrary to the objectives of the Act. Specifically, the objections focused on whether the agreement adequately protected employee entitlements and whether it complied with the procedural requirements for its approval.

The Fair Work Commission examined the agreement in detail, considering the submissions from both the employer and the employee representatives. The Commission found that the agreement generally met the statutory requirements for approval and contained provisions that aligned with the objectives of the Act. While some concerns were raised about certain terms, the Commission concluded that these issues did not outweigh the overall benefits of the agreement for the employees. As a result, the Commission approved the Manildra Group (Altona) Enterprise Agreement 2016, subject to certain minor amendments to address specific procedural concerns.

The final orders of the Commission included the approval of the Manildra Group (Altona) Enterprise Agreement 2016, with the requirement that the company implement the agreed-upon amendments to rectify the identified procedural issues. This decision affirmed the agreement as a legally binding contract between Manildra Energy Australia Pty Ltd and the relevant employee representatives, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established