DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2015/4890)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT - HALLAM PANELS 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Hallam Panels 2015.

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Hallam Panels 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MaxiTRANS Australia Pty Ltd. The agreement is a single enterprise agreement.

[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 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 6 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MaxiTRANS Australia Pty Ltd sought approval of an Enterprise Agreement in the Fair Work Commission. The enterprise involved Hallam Panels, and the matter was brought before the Commission's general division. The primary dispute revolved around the terms of the proposed agreement and whether they met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved whether the agreement adhered to the criteria outlined in section 230 of the Fair Work Act. This included assessing if the agreement had been made in good faith, whether it provided for the terms and conditions of employment, and if it was free from prohibited content. Additionally, the Commission had to consider if the agreement was procedurally sound, with proper consultation and notice to the relevant parties.

The Commission found that the proposed agreement met the requirements for approval. It concluded that the agreement was made in good faith and provided for the terms and conditions of employment in a fair and reasonable manner. The Commission also determined that the agreement was free from prohibited content and that the procedural requirements had been met. As a result, the Commission approved the enterprise agreement, enabling it to be registered and enforced.

The Fair Work Commission approved the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2015, and ordered its registration. This decision affirmed the agreement's validity and allowed it to be implemented as the governing document for the employment terms and conditions of the relevant workforce.

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