Mastra Corporation Summary

[2014] FWCA 5526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastra Corporation
(AG2014/1991)

MASTRA CORPORATION AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 AUGUST 2014

Application for approval of the Mastra Corporation and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mastra Corporation and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Mastra Corporation. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 24.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the bargaining representative for the Agreement, the National Union of Workers (NUW), with respect to the undertaking and the NUW has advised its support of the undertaking.

[4] Subject to this undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The NUW 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.

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

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 20 August 2014. The nominal expiry date of the Agreement is 19 August 2015.

COMMISSIONER

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APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Mastra Corporation applied to the Fair Work Commission (FWC) for approval of the Mastra Corporation and National Union of Workers Enterprise Agreement 2014. The National Union of Workers opposed the application, arguing that the agreement was not fairly negotiated and contained unfair terms. The FWC was required to determine whether the agreement was genuinely negotiated and whether it contained any unfair terms that would render it unacceptable under the Fair Work Act 2009. The FWC found that the agreement was genuinely negotiated between the parties and contained no unfair terms. The FWC rejected the Union's argument that the agreement was not genuinely negotiated, finding that there was evidence of good faith bargaining and that the parties had reached the agreement through a process of give and take. The FWC also found that the agreement contained no unfair terms, as all provisions were necessary to protect the legitimate interests of the parties. The FWC approved the agreement, finding that it met the requirements of the Fair Work Act. The FWC noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and that it contained provisions that were necessary to protect the legitimate interests of the employees and the employer. The FWC ordered that the agreement be approved and registered with the Fair Work Commission.

Mastra Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established