DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2019/3872)

MAXITRANS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT - HALLAM PANELS 2019

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2019.

[1] Application has been made for approval of a single enterprise agreement known as the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MaxiTRANS Australia Pty Ltd.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between MaxiTRANS Australia Pty Ltd and its employees. The agreement, covering Hallam Panels, was proposed to amend the terms of employment for panel members. The matter was heard by Commissioner E. H. Ryan.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement would provide fair and reasonable terms of employment for the panel members. This involved assessing if the changes complied with the relevant statutory provisions and if they provided for a fair and balanced outcome for both the employer and the employees.

After reviewing the evidence and submissions from both parties, Commissioner Ryan found that the proposed changes in the enterprise agreement were fair and reasonable. The Commission took into account the principles of enterprise bargaining and the need for a balanced outcome. The proposed changes were deemed to provide for a fair and reasonable outcome for both the employer and employees, and the Commission approved the agreement.

As a result of the decision, the enterprise agreement between MaxiTRANS Australia Pty Ltd and Hallam Panels was approved, with the changes outlined in the agreement coming into effect. The approval of the agreement ensures that the terms of employment for the panel members are fair and reasonable, and that the agreement complies with the relevant statutory provisions.

MaxiTRANS Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established