Manufacturing & Mining Services Engineering Pty Ltd

Case [2024] FWCA 773
[2024] FWCA 773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Manufacturing & Mining Services Engineering Pty Ltd

(AG2024/342)

MMS ENGINEERING ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER MCKINNON

SYDNEY, 29 FEBRUARY 2024

Application for approval of the MMS Engineering Enterprise Agreement 2023

  1. Manufacturing & Mining Services Engineering Pty Ltd (MMS) has applied for approval of a single enterprise agreement known as the MMS Engineering Enterprise Agreement 2023 (the Agreement).

  1. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 7 March 2024. The nominal expiry date of the Agreement is 1 March 2027.

  1. The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).


COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE523694  PR771952>

Details
AGLC
Manufacturing & Mining Services Engineering Pty Ltd [2024] FWCA 773
Case
[2024] FWCA 773
Decision Date

CaseChat Overview and Summary

Manufacturing & Mining Services Engineering Pty Ltd applied to the Fair Work Commission for approval of the MMS Engineering Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for employees within the enterprise. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms of employment for the employees covered by the agreement. The Commission had to assess whether the agreement met the "better-off overall test" and whether it complied with the provisions of the Fair Work Act, including provisions concerning minimum rates of pay, maximum weekly hours, and other employment conditions.

The Commission found that the agreement provided for fair and reasonable terms of employment for the employees covered by it. The agreement met the better-off overall test, as it provided for improved wages and conditions compared to the relevant award. The Commission also found that the agreement complied with the provisions of the Fair Work Act, including provisions concerning minimum rates of pay, maximum weekly hours, and other employment conditions. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the MMS Engineering Enterprise Agreement 2023, subject to modifications. The modifications included changes to the agreement to ensure compliance with the Fair Work Act, including provisions concerning minimum rates of pay, maximum weekly hours, and other employment conditions. The modifications also included changes to the agreement to ensure that it provided for the fair and reasonable terms of employment for the employees covered by it.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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