DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MCM Manufacturing Pty Ltd
(AG2020/3458)

MCM MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the MCM Manufacturing Pty Ltd Enterprise Agreement 2020.

[1] Application has been made by MCM Manufacturing Pty Ltd for approval of a single enterprise agreement known as the MCM Manufacturing Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of MCM Manufacturing Pty Ltd involved a dispute regarding the approval of the Enterprise Agreement for the year 2020. The applicant, MCM Manufacturing Pty Ltd, sought approval for the agreement, which outlined terms and conditions for their employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for fair and reasonable terms, including minimum rates of pay, leave entitlements, and other employment conditions, as mandated by the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for fair and reasonable terms of employment. This involved an examination of whether the agreement complied with statutory minimum standards, particularly in relation to wages, hours of work, and other conditions such as leave entitlements. The Commission also needed to ensure that the agreement was free from any provisions that could be considered contrary to public policy or inconsistent with the objectives of the Fair Work Act. Furthermore, the Commission had to consider whether the agreement had been genuinely negotiated between the employer and the employees, as required by the legislation.

After reviewing the agreement and the evidence presented by both parties, the Commission found that the Enterprise Agreement 2020 provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement met all statutory minimum standards and did not contain any provisions that were contrary to public policy. It was also established that the agreement had been genuinely negotiated between the employer and the employees. Therefore, the Commission approved the Enterprise Agreement 2020, allowing it to come into effect as intended. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment moving forward.

MCM Manufacturing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established