MCM Manufacturing Pty Ltd Summary

[2023] FWCA 166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MCM Manufacturing Pty Ltd

(AG2022/5534)

MCM MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 JANUARY 2023

Application for approval of the MCM Manufacturing Pty Ltd Enterprise Agreement 2023

MCM Manufacturing Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the MCM Manufacturing Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 18 January 2023 and, in accordance with s 54, will operate from 25 January 2023. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of MCM Manufacturing Pty Ltd was considered. The company, an employer in the manufacturing industry, sought approval of the Enterprise Agreement 2023 between the company and its employees. The dispute centred around the terms and conditions of employment set out in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it was free from any undue coercion, and if it complied with the good faith bargaining requirements. Additionally, the Commission considered whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions, including minimum wages and other employment conditions. The Commission also needed to assess whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission examined the evidence and submissions presented by both the employer and the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions and did not involve any undue coercion. The Commission was satisfied that the agreement was the product of good faith bargaining and was in the best interests of the employees. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations, and approved the Enterprise Agreement 2023.

The Fair Work Commission approved the Enterprise Agreement 2023, recognising the terms and conditions of employment as fair and reasonable. The Commission's decision acknowledged the agreement as a product of good faith bargaining and in the best interests of the employees. The approval of the agreement ensures that the parties involved can move forward with the terms set out in the agreement, promoting a productive and harmonious workplace.

MCM Manufacturing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established