Mastermesh Industries Pty Ltd Summary

[2014] FWCA 4856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastermesh Industries Pty Ltd
(AG2014/1575)

MASTERMESH YAGOONA ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Mastermesh Yagoona Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Mastermesh Yagoona Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Mastermesh Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 12 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mastermesh Industries Pty Ltd recently sought approval for the Mastermesh Yagoona Enterprise Agreement 2014-2017 from the Fair Work Commission. The applicant, Mastermesh Industries, aimed to have the agreement approved as a new enterprise agreement under section 175 of the Fair Work Act 2009. The respondent, the Transport Workers Union of Australia, did not oppose the application but raised concerns about the process of its negotiation. The Fair Work Commission was required to determine whether the agreement was fairly and appropriately negotiated and if it complied with the legislative requirements.

The key legal issue before the Commission was whether the enterprise agreement was genuinely negotiated and whether the process followed was fair and appropriate. The Commission needed to examine the evidence provided to ascertain whether the agreement was genuinely negotiated, and if it met the standards set out in the Fair Work Act. The respondent did not dispute the fairness of the agreement itself but raised concerns about the negotiation process, particularly regarding the communication between the parties. The Commission was tasked with assessing the negotiation process and determining if it complied with the legislative requirements for a genuinely negotiated agreement.

In its decision, the Fair Work Commission examined the evidence and found that the negotiation process was not entirely appropriate. Despite this, the Commission concluded that the agreement was still genuinely negotiated, taking into account the context and the overall fairness of the negotiation process. The Commission was satisfied that the agreement met the legislative requirements and approved the Mastermesh Yagoona Enterprise Agreement 2014-2017. The Commission found that the negotiation process, while not perfect, did not undermine the genuineness of the negotiation, and the agreement was fair and appropriate. The Commission approved the agreement, and the application was successful.

Mastermesh Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established