DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matrix Composites & Engineering Ltd
(AG2019/295)

MATRIX COMPOSITES & ENGINEERING LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 MAY 2019

Application for approval of the Matrix Composites & Engineering Ltd Enterprise Agreement 2019.

[1] Matrix Composites and Engineering Ltd has made an application for the approval of an enterprise agreement known as the Matrix Composites & Engineering Ltd Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[5] The Applicant made a further application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 24 May 2019 and, in accordance with s 54, will operate from 31 May 2019. The nominal expiry date of the Agreement is 23 May 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Matrix Composites & Engineering Ltd applied for approval of the Matrix Composites & Engineering Ltd Enterprise Agreement 2019. The application was brought on behalf of the employer and several trade unions representing the employees. The dispute centred on the fairness and compliance of the proposed enterprise agreement with relevant industrial laws and the substantive terms agreed upon by the parties.

The primary legal issues for the Commission to decide were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the Commission examined whether proper consultation and negotiation processes were followed and whether the agreement was genuinely negotiated. Substantively, the Commission assessed whether the terms of the agreement were fair and reasonable, including provisions on wages, hours of work, and other conditions of employment.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was fairly negotiated and met the necessary procedural requirements. The substantive terms were also found to be fair and reasonable, taking into account the specific circumstances of the employer and the workforce. Consequently, the Commission approved the enterprise agreement, which will now be binding on the parties for the specified period.

Matrix Composites & Engineering Ltd

DECISION

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