Maskill Pty Ltd T/A Maskill Summary

[2022] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maskill Pty Ltd T/A Maskill

(AG2022/379)

Maskill Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 23 FEBRUARY 2022

Application for approval of the Maskill Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Maskill Pty Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maskill Pty Ltd T/A Maskill (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maskill Pty Ltd, trading as Maskill, applied for the approval of the Maskill Pty Ltd Enterprise Agreement 2021. The application was made in the Fair Work Commission, the relevant federal workplace relations tribunal. The dispute involved the terms and conditions of employment for workers under the proposed enterprise agreement. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission considered whether the proposed agreement provided for a safety net of minimum entitlements, included an individual flexibility mechanism, and allowed for the negotiation of future enterprise agreements. The Commission also examined the processes by which the agreement was made, including whether there was genuine bargaining between the parties and whether the agreement had majority support from the relevant employees. The applicant argued that the agreement was fair and reasonable and met all legal requirements for approval. The Commission found that the agreement provided for the necessary minimum entitlements and included an individual flexibility mechanism. It was also determined that the agreement was the product of genuine bargaining and had majority support among the employees.

The Commission approved the Maskill Pty Ltd Enterprise Agreement 2021, finding it to be fair and reasonable, and compliant with the statutory requirements of the Fair Work Act. The decision affirmed the agreement, which would now govern the terms and conditions of employment for the workers covered by the agreement. The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, and mandated that the agreement be implemented in accordance with the Fair Work Act.

Maskill Pty Ltd T/A Maskill

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established