DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCM Manufacturing Pty Limited
(AG2018/3880)

MCM MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 DECEMBER 2018

Application for approval of the MCM Manufacturing Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MCM Manufacturing Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MCM Manufacturing Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, MCM Manufacturing Pty Limited, sought approval of their 2018 Enterprise Agreement from the Fair Work Commission. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which aimed to regulate the working conditions of employees within the company. The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue the court had to address was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court had to consider whether the agreement contained the necessary minimum terms and conditions, as well as whether it met the "better off overall test" as outlined in the Act. This test required the court to assess whether the agreement provided employees with terms and conditions that were no less favourable than those they would have under the applicable award or safety net award.

The court carefully examined the terms of the enterprise agreement, ensuring that it included all the mandated minimum terms and conditions and that it met the better off overall test. After thorough consideration, the court determined that the agreement complied with the requirements of the Fair Work Act and approved the enterprise agreement. The court's decision was based on the comprehensive nature of the agreement and its alignment with the statutory provisions. The court found that the agreement provided employees with terms and conditions that were at least as favourable as those provided under the applicable award or safety net award. The court's approval was thus granted, enabling the agreement to come into effect as intended.

The Fair Work Commission approved the MCM Manufacturing Pty Ltd Enterprise Agreement 2018, thereby allowing the company and its employees to be governed by the terms and conditions outlined in the agreement. This decision ensures that the employees are provided with a fair and comprehensive set of employment terms, which are at least as favourable as those provided by the applicable award or safety net award.

MCM Manufacturing Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established