DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matrix Composites & Engineering Ltd
(AG2015/4520)

MATRIX COMPOSITES & ENGINEERING LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Matrix Composites & Engineering Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Matrix Composites & Engineering Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Matrix Composites & Engineering Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Matrix Composites & Engineering Ltd was the applicant in this matter before the Fair Work Commission, seeking approval of the Enterprise Agreement 2014, which had been negotiated between the applicant and the Australian Manufacturing Workers’ Union. The dispute centred around the fairness and validity of the proposed agreement, specifically addressing terms and conditions of employment for workers under the agreement. The Commission was required to assess whether the agreement met the legal standards for approval, particularly in relation to the process by which the agreement was made and whether it provided for fair and reasonable terms and conditions.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, whether it included appropriate provisions for dispute resolution, and whether it satisfied the criteria for approval under the Fair Work Act 2009. A significant part of the inquiry involved examining the process of negotiation and whether it adhered to the procedural fairness required by law. Additionally, the Commission had to determine if the terms and conditions in the agreement were fair and reasonable, taking into account various economic and social factors.

In delivering its decision, the Commission found that the agreement was genuinely negotiated between the parties and included appropriate provisions for dispute resolution. The Commission considered the evidence presented regarding the negotiation process, including the submissions from both parties, and was satisfied that the process was fair and did not result in any unfair terms. The Commission further found that the terms and conditions of the agreement were fair and reasonable, balancing the needs and interests of both employees and employers. Consequently, the Commission approved the Enterprise Agreement 2014, finding it met all legal requirements for approval.

The Fair Work Commission's decision was that the Matrix Composites & Engineering Ltd Enterprise Agreement 2014 was approved and would come into effect from the date of the decision. The Commission's approval was based on the findings that the agreement was genuinely negotiated, included adequate dispute resolution mechanisms, and provided fair and reasonable terms and conditions for the employees.

Matrix Composites & Engineering Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established