DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MB Prefab - Big River Group Pty Ltd
(AG2019/685)

MB PREFAB - BIG RIVER GROUP PTY LTD ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 APRIL 2019

Application for approval of the MB Prefab - Big River Group Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MB Prefab - Big River Group Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MB Prefab - Big River Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] I note that Clauses 9.2, 11.1 and 21.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are MB Prefab and Big River Group Pty Ltd. The dispute arose from the application for approval of the Enterprise Agreement 2019 between these two entities. The Fair Work Commission heard the case, tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Enterprise Agreement 2019 satisfied the criteria for approval, including if it was made in good faith, free from coercion, and contained provisions that were procedurally and substantively fair. The Commission needed to consider submissions from both parties and assess if the agreement complied with the Fair Work Act's requirements.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. It found that the agreement was made in good faith and without coercion. The Commission also determined that the agreement was procedurally and substantively fair, meeting all necessary legal criteria. Based on this analysis, the Commission approved the Enterprise Agreement 2019.

Consequently, the Fair Work Commission granted the application for approval of the Enterprise Agreement 2019 between MB Prefab and Big River Group Pty Ltd. This decision was based on the findings that the agreement was negotiated in good faith, was free from coercion, and contained fair terms and conditions for the employees involved.

MB Prefab - Big River Group 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