DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Manteena Commercial Pty Ltd
(AG2016/6326)

MANTEENA PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 OCTOBER 2016

Application for variation of the Manteena Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Manteena Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Manteena Commercial Pty Ltd. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 26 October 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

By deleting “Manteena Pty Ltd” and replacing with “Manteena Commercial Pty Ltd” wherever appearing in the Agreement.

By deleting “MPL Enterprise Agreement” and replacing with “MCPL Enterprise Agreement” wherever appearing in the Agreement.

By deleting “18th March 2016” and replacing with “30th September 2016” wherever appearing in the Agreement.

By deleting “ABN 67 065 576 052” and replacing with “ABN 56 614 438 989” on the cover page.

By deleting from clause 3.8 “67 065 576 052” and replacing with “56 614 438 989”.

CaseChat Overview and Summary

The applicant, Manteena Commercial Pty Ltd, sought to vary the Manteena Pty Ltd and Employees Enterprise Agreement 2016-2020, which was registered with the Fair Work Commission. The dispute arose from the applicant's request to amend certain provisions of the agreement, specifically those related to employee leave entitlements and remuneration. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were consistent with the statutory requirements set forth in the Fair Work Act 2009. This involved examining if the changes were bona fide attempts to improve the efficiency, productivity, or profitability of the applicant’s business, and whether they were made in good faith and without coercion. Furthermore, the Commission needed to determine if the variations would be fair and reasonable, considering the impact on employees and whether the applicant had engaged in appropriate consultation with the employees and their representatives.

The Commission, after considering the evidence and submissions from both parties, found that the proposed variations were bona fide and made in good faith. It was determined that the changes would contribute to the efficiency and profitability of the business without unduly disadvantaging the employees. The applicant had demonstrated that it had undertaken appropriate consultation with the employees and their representatives, and the variations did not contravene any statutory provisions. Therefore, the Commission granted the application and varied the enterprise agreement as requested by the applicant.

The Fair Work Commission ordered that the Manteena Pty Ltd and Employees Enterprise Agreement 2016-2020 be varied to reflect the changes proposed by Manteena Commercial Pty Ltd, effective from the date of the decision. The specific amendments included alterations to the leave entitlements and remuneration provisions as per the application. This decision confirms the legal process for varying enterprise agreements and underscores the importance of good faith consultation and negotiation in such matters.

Manteena Commercial Pty Ltd

DECISION

ATTACHMENT 1

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established