Marshall Lethlean Industries Pty Ltd

[2013] FWCA 3508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marshall Lethlean Industries Pty Ltd
(AG2013/6011)

MARSHALL LETHLEAN INDUSTRIES LAVERTON ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JUNE 2013

Application for approval of the Marshall Lethlean Industries Laverton Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Marshall Lethlean Industries Laverton Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Marshall Lethlean Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 June 2013. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marshall Lethlean Industries Pty Ltd applied for the approval of the Marshall Lethlean Industries Laverton Enterprise Agreement 2012. The applicant sought the approval of this enterprise agreement from the Fair Work Commission, as it had been negotiated and signed by the company and the Australian Manufacturing Workers’ Union. The matter was heard by Commissioner Smith, who had to decide whether the agreement complied with the requirements of the Fair Work Act 2009.

The central issue before the court was whether the enterprise agreement met the statutory criteria under the Fair Work Act. Specifically, the court had to determine if the agreement provided for the appropriate terms and conditions of employment, including pay and conditions, and if it complied with the procedural requirements for certification. This involved examining whether the agreement was negotiated in good faith, and if it provided for appropriate mechanisms for dispute resolution.

The Commissioner found that the agreement did meet the statutory requirements. The agreement contained provisions for pay and conditions that were fair and reasonable, and it included appropriate dispute resolution mechanisms. Furthermore, the Commissioner was satisfied that the agreement had been negotiated in good faith and that the necessary procedural requirements for certification were met. The Commissioner noted that the agreement had been the subject of extensive consultation and negotiation between the parties, and that it addressed a range of issues relevant to the employees.

As a result, the Commissioner approved the Marshall Lethlean Industries Laverton Enterprise Agreement 2012. This decision was made on the basis that the agreement met the statutory criteria under the Fair Work Act, and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commissioner also noted that the agreement would provide for improved industrial relations between the parties, and that it would contribute to the overall stability of the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established