Martin McLean Engineering Pty Ltd

[2013] FWCA 9446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin McLean Engineering Pty Ltd
(AG2013/10212)

MARTIN MCLEAN ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 DECEMBER 2013

Application for approval of the Martin McLean Engineering Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Martin McLean Engineering Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Martin McLean Engineering 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 Agreement is approved and, in accordance with s.54(1), will operate from 9 December 2013. The nominal expiry date of the Agreement is 8 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Martin McLean Engineering Pty Ltd applied to the Fair Work Commission for approval of the Martin McLean Engineering Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the agreement did not meet the requirements of the Fair Work Act and was not made in accordance with the Act’s good faith bargaining provisions.

The central legal issue before the Commission was whether the enterprise agreement met the formal requirements set out in the Fair Work Act and whether it was made in accordance with the good faith bargaining provisions. The Commission had to consider whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act and whether the bargaining process complied with the good faith requirements.

The Commission determined that the agreement satisfied the formal requirements of the Fair Work Act. It contained the minimum terms and conditions specified by the Act and was therefore valid in form. The Commission also found that the bargaining process was conducted in good faith. The union had been given appropriate notice of the meetings and had been afforded the opportunity to participate and present its views. The Commission concluded that the agreement was made in accordance with the good faith bargaining provisions.

The Fair Work Commission approved the Martin McLean Engineering Pty Ltd Enterprise Agreement 2013. The Commission determined that the agreement met the formal requirements of the Fair Work Act and was made in accordance with the good faith bargaining provisions. The agreement was therefore approved as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established