DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd t/a Manildra Energy
(AG2020/1518)

MANILDRA GROUP (ALTONA AND WEST MELBOURNE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 JUNE 2020

Application for approval of the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019.

[1] Manildra Energy has applied for approval of a single enterprise agreement known as the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Manildra Energy sought to correct an error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the amended application and further information provided on request of the Commission, 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 12 June 2020 and, in accordance with s.54, will operate from 19 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Manildra Energy Australia Pty Ltd, trading as Manildra Energy, and the relevant union. The dispute centred around the application for approval of the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for registration under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement was made in good faith and whether it contained the requisite "better off overall test" provisions. Additionally, the Commission had to consider if the agreement satisfied the procedural requirements, including adequate consultation and notice to the relevant parties. The case hinged on whether the agreement provided employees with a fair and reasonable set of terms and conditions and whether it was appropriately negotiated.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained the necessary "better off overall test" provisions. The Commission also concluded that the agreement met the procedural requirements, as there had been adequate consultation and appropriate notice to the relevant parties. Given these findings, the Commission approved the application for registration of the enterprise agreement. The Commission’s decision was based on a comprehensive assessment of the agreement’s contents and the process by which it was negotiated and agreed upon.

The final order of the Fair Work Commission was the approval of the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019. The agreement was registered, and it became a legally binding enterprise agreement between Manildra Energy Australia Pty Ltd and the relevant union. This decision provided clarity and certainty for both parties regarding the terms and conditions of employment moving forward.

Manildra Energy Australia Pty Ltd t/a Manildra Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established