DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McConnell Seats Australia Pty Ltd T/A McConnell Seats Australia (Victoria) & Locomotive Seats Australia (Queensland)
(AG2017/1076)

MCCONNELL SEATS AUSTRALIA ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 9 JUNE 2017

Application for approval of the McConnell Seats Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Seats Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McConnell Seats Australia Pty Ltd T/A McConnell Seats Australia (Victoria & Locomotive Seats Australia (Queensland). 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) 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.

[5] The Agreement was approved on 9 June 2017 and, in accordance with s.54, will operate from 16 June 2017. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

McConnell Seats Australia Pty Ltd, trading as McConnell Seats Australia (Victoria) and Locomotive Seats Australia (Queensland), sought approval of the McConnell Seats Australia Enterprise Agreement 2017 from the Fair Work Commission. The agreement, negotiated with the company's employees, included various terms and conditions of employment. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement contained all the mandated terms specified in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided adequate minimum wages and entitlements, and if it adhered to the procedural fairness required by the Act. Another concern was whether the agreement was genuinely negotiated and if the process was transparent.

In examining the application, the Commission considered the nature and extent of the bargaining process, the terms of the agreement, and the submissions from both parties. The Commission found that the agreement was the product of genuine bargaining and contained all the mandated terms, including provisions for minimum wages, penalty rates, and other employment conditions. The Commission also noted that the process was transparent and fair, with adequate representation from both the employer and the employees. Consequently, the application for approval was successful, and the agreement was endorsed as a registered enterprise agreement.

The Fair Work Commission approved the McConnell Seats Australia Enterprise Agreement 2017. The decision emphasised the importance of ensuring that all mandated terms were included in the agreement and that the bargaining process was fair and transparent. The Commission's approval of the agreement means that it is now legally binding on the parties involved and will govern the terms and conditions of employment for the employees of McConnell Seats Australia Pty Ltd.

McConnell Seats Australia Pty Ltd T/A McConnell Seats Australia (Victoria) & Locomotive Seats Australia (Queensland)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established