DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marmec Operations Pty Ltd
(AG2019/4389)

MARMEC PTY LTD ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Marmec Pty Ltd Enterprise Agreement 2019

[1] Marmec Operations Pty Ltd has made an application for approval of an enterprise agreement known as the Marmec Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Marmec Operations Pty Ltd, sought approval of the Marmec Pty Ltd Enterprise Agreement 2019, which was submitted to the Fair Work Commission (FWC) for approval. The application was contested by the Transport Workers Union of Australia, who argued that the agreement did not meet the requirements of the Fair Work Act 2009 and contained terms that were unfair to employees. The FWC was required to determine whether the agreement met the statutory requirements and if it contained unfair terms that should be disallowed.

The primary legal issue before the FWC was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement met the requirements for approval, including whether it was made in good faith and if it contained terms that were necessary to prevent unfairness. The FWC also needed to consider if any terms of the agreement were unfair and should be disallowed under section 235 of the Act.

The FWC found that the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The FWC held that the agreement was made in good faith and contained terms that were necessary to prevent unfairness. The FWC also found that the agreement did not contain any terms that were unfair to employees. The FWC approved the enterprise agreement and disallowed any terms that were found to be unfair.

The FWC approved the Marmec Pty Ltd Enterprise Agreement 2019, subject to the disallowance of any terms found to be unfair. The applicant was directed to take all necessary steps to give effect to the approved agreement, and the union was directed to take all necessary steps to ensure that the employees were informed of the approved agreement. The decision of the FWC was final and binding on the parties.

Marmec Operations 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