[2015] FWCA 3288

The attached document replaces the document previously issued with the above code on 13 May 2015.

It is amended by correcting the spelling of the employer’s name in the preamble, and replacing the AMWU, as the applicant in paragraph [1], with Marvin Engineering Pty Ltd.

Associate to Commissioner Ryan

Dated: 15 May 2015

[2015] FWCA 3288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marvin Engineering P/L
(AG2015/1054)

AMWU AND THE MARVIN ENGINEERING P/L COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MAY 2015

Application for approval of the AMWU and the Marvin Engineering P/L Collective Bargaining Workshop Agreements 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Marvin Engineering P/L Collective Bargaining Workshop Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was made by Marvin 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 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 20 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of two collective bargaining workshop agreements between the Australian Manufacturing Workers' Union (AMWU) and Marvin Engineering P/L for the period 2015 to 2018. The application was heard by the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreements met the procedural and substantive requirements for approval under the Act. This included whether the agreements were made in good faith and whether they contained provisions that were contrary to public policy or were otherwise unenforceable. The Commission also had to consider whether the agreements provided for appropriate mechanisms for the resolution of disputes.

The Commission found that the agreements had been made in good faith and did not contain any provisions that were contrary to public policy or unenforceable. The Commission also noted that the agreements contained appropriate mechanisms for the resolution of disputes, including a provision for the referral of disputes to arbitration. The Commission was satisfied that the agreements met the requirements for approval under the Act and accordingly approved them.

The Fair Work Commission approved the AMWU and the Marvin Engineering P/L Collective Bargaining Workshop Agreements 2015-2018, finding that they met the necessary procedural and substantive requirements for approval under the Fair Work Act 2009. The Commission found that the agreements had been made in good faith, did not contain any unenforceable provisions, and provided for appropriate mechanisms for the resolution of disputes. The approval of the agreements is a significant outcome for both the AMWU and Marvin Engineering P/L, as it provides certainty and stability in their industrial relations arrangements for the relevant period.

Marvin Engineering P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established