DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd T/A Manildra Group
(AG2017/6283)

MANILDRA GROUP OF COMPANIES AND AWU WEST MELBOURNE SITE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the Manildra Group of Companies and AWU West Melbourne Site Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Manildra Group of Companies and AWU West Melbourne Site Agreement 2017 (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 Group. The Agreement is a single enterprise agreement.

[2] 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Manildra Energy Australia Pty Ltd, trading as Manildra Group, applied to the Fair Work Commission for approval of the Manildra Group of Companies and AWU West Melbourne Site Agreement 2017. The Australian Workers' Union (AWU) opposed the application, contending that the agreement did not sufficiently safeguard employees' rights and interests. The Commission was tasked with determining whether the agreement met the statutory criteria for approval.

The legal issues before the Commission centred on whether the agreement provided adequate protections for employees, including terms for wages, hours of work, and other conditions of employment. The Commission had to examine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The AWU argued that the agreement did not provide sufficient protections for employees, particularly in relation to shift patterns and overtime entitlements.

In assessing the agreement, the Commission considered the principles of enterprise bargaining and the importance of achieving a balance between the interests of employers and employees. The Commission found that the agreement provided for reasonable terms and conditions, including provisions for shift patterns, overtime, and penalty rates. The Commission concluded that the agreement met the statutory criteria for approval and did not disadvantage employees to an unacceptable degree. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Manildra Group of Companies and AWU West Melbourne Site Agreement 2017, finding that it provided reasonable terms and conditions for employees. The Commission held that the agreement met the statutory criteria for approval and did not disadvantage employees to an unacceptable degree. The AWU's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

Manildra Energy Australia Pty Ltd T/A Manildra Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established