Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering Pty Ltd Summary

[2024] FWCA 4303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering Pty Ltd

(AG2024/4251)

MARAND PRECISION ENGINEERING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 4 DECEMBER 2024

Application for approval of the Marand Precision Engineering Enterprise Agreement 2024

Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Marand Precision Engineering Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 22 March 2024 and the Agreement was made on 15 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The “Automative, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s 183 of the FW Act that they want to be covered by the Agreement. In accordance with s 201(2) (and based on the declaration provided by the organisations), I note that the Agreement covers these organisations.

The Agreement was approved on 4 December 2024 and, in accordance with s.54, will operate from 11 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Marand Precision Engineering Enterprise Agreement 2024. The applicant, Marand Precision Engineering Pty Ltd, sought the approval from the Fair Work Commission. The nature of the dispute was focused on whether the terms and conditions outlined in the proposed enterprise agreement were fair and equitable for both the employer and the employees. The Fair Work Commission was the body that needed to decide on the approval of the agreement.

The primary legal issue before the Commission was to determine whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for a fair and efficient workplace, provided for the protection of employees, and ensured that the terms were not detrimental to the employees. The Commission also needed to consider if the agreement had been genuinely negotiated and if it allowed for fair dispute resolution mechanisms.

In its reasoning, the Commission found that the proposed enterprise agreement was fair and balanced. It noted that the agreement had been genuinely negotiated between the employer and the employees, and it provided for terms that were equitable and reasonable. The Commission was satisfied that the agreement met the statutory requirements for approval and that it provided for fair and efficient workplace practices. The Commission also found that the agreement included appropriate dispute resolution mechanisms that would allow for the fair resolution of any workplace issues that might arise.

The Fair Work Commission approved the Marand Precision Engineering Enterprise Agreement 2024, finding it to be fair and reasonable for both the employer and the employees. The agreement was deemed to meet the statutory criteria and provided for a fair and efficient workplace. The Commission's decision was based on the genuine negotiation of the agreement and its provision for fair dispute resolution mechanisms.

Marand Precision Engineering Pty Ltd T/A Marand Precision Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established