DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marand Precision Engineering Pty Ltd
(AG2016/5415)

MARAND PRECISION ENGINEERING EMPLOYEE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Marand Precision Engineering Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Marand Precision Engineering Employee 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 Marand Precision Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Marand Precision Engineering Pty Ltd is the applicant in this case before the Fair Work Commission, seeking approval of the Marand Precision Engineering Employee Agreement 2016. The application involves employees who are members of the Metal and Engineering Workers Union. The dispute centres around the terms and conditions of employment specified in the proposed agreement, and whether these terms meet the requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement fairly reflected the balance of power between employers and employees, and whether it met the criteria for being a "better off overall test" (BOOT) agreement. Additionally, the court considered whether the agreement complied with the relevant sections of the Fair Work Act and any relevant awards or instruments. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not sufficiently protect the employees' interests.

The court carefully examined the terms of the proposed agreement, weighing the arguments presented by both parties. It considered the balance of power, the BOOT test, and compliance with statutory requirements. The court found that the agreement was fair and reasonable, meeting the necessary criteria under the Fair Work Act. It determined that the agreement adequately reflected the balance of power and provided employees with a fair outcome.

As a result, the Fair Work Commission approved the Marand Precision Engineering Employee Agreement 2016. The decision confirmed that the agreement was fair and reasonable, and met all statutory requirements. The court's ruling allowed the agreement to be implemented, providing a new framework for the terms and conditions of employment for the affected employees.

Marand Precision Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established