DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCM Manufacturing Pty Limited
(AG2016/4052)

MCM MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the MCM Manufacturing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MCM Manufacturing Pty Ltd Enterprise Agreement 2016 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of MCM Manufacturing Pty Limited involved a dispute regarding the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, MCM Manufacturing Pty Limited, sought the court's approval for the MCM Manufacturing Pty Ltd Enterprise Agreement 2016. The matter was heard by the Full Bench of the Fair Work Commission, comprising of Commissioner Campbell, Deputy President Mortimer, and Commissioner Ryan.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being a "single interest" agreement and if it contained the necessary "protected action" provisions. Additionally, the court examined if the agreement was made in good faith and if it provided for the fair and reasonable terms and conditions of employment.

After thorough deliberation, the Commission concluded that the proposed agreement did indeed comply with the statutory requirements. The agreement was found to be a "single interest" agreement as it covered all employees of the company. The Commission also found that the agreement contained the necessary "protected action" provisions and was made in good faith. Furthermore, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the company and its employees. Consequently, the Commission approved the MCM Manufacturing Pty Ltd Enterprise Agreement 2016, subject to certain conditions.

The court ordered that the agreement be registered and enforceable under the Fair Work Act, with the specified conditions to be adhered to by both parties. The decision effectively settled the dispute and allowed the company and its employees to proceed under the terms of the approved enterprise agreement.

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