MBM Harvesting Solutions Pty Ltd

[2024] FWCA 763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MBM Harvesting Solutions Pty Ltd

(AG2024/199)

MBM HARVESTING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2023

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 FEBRUARY 2024

Application for approval of the MBM Harvesting Solutions Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the MBM Harvesting Solutions Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 March 2024. The nominal expiry date of the Agreement is 1 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MBM Harvesting Solutions Pty Ltd, a company engaged in the agricultural sector, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were involved in a dispute over the approval of the MBM Harvesting Solutions Pty Ltd Enterprise Agreement 2023. The central issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and the protection of employees' rights.

The primary legal issues addressed by the court included whether the agreement was made in good faith, whether the union had adequately represented its members during the negotiation process, and whether the agreement met the criteria for being a "low paid" enterprise agreement. Additionally, the court examined whether the proposed terms and conditions were fair and reasonable in all respects, considering the economic and operational context of the company.

The Fair Work Commission found that the agreement was made in good faith and that the union had appropriately represented its members. The court also determined that the agreement met the criteria for a "low paid" enterprise agreement and was fair and reasonable. The Commission highlighted that the agreement contained provisions that protected employees' rights and provided for adequate consultation and dispute resolution mechanisms. Consequently, the court approved the MBM Harvesting Solutions Pty Ltd Enterprise Agreement 2023, finding that it complied with all relevant statutory requirements.

The final orders of the Fair Work Commission included the approval of the Enterprise Agreement 2023, effective from the date of the decision, subject to any subsequent modifications or terminations in accordance with the Fair Work Act. The agreement was to be registered with the Commission and binding on all parties, ensuring that it would govern the employment conditions of the employees in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established