MCM Manufacturing Pty Ltd Summary

[2025] FWCA 1618 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MCM Manufacturing Pty Ltd

(AG2025/1389)

MCM MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 14 MAY 2025

Application for approval of the MCM Manufacturing Pty Ltd Enterprise Agreement 2025

MCM Manufacturing Pty Ltd has applied for approval of an enterprise agreement known as the MCM Manufacturing Pty Ltd Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Agreement does not in terms contain a Delegates’ Rights term. However, clause 5(a) of the Agreement incorporates the Manufacturing and Associated Industries and Occupations Award 2020 into the Agreement. Consequently, clause 40A of the Award, which is titled Workplace Delegates’ Rights, forms a term of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 21 May 2025. The nominal expiry date of the Agreement is 14 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MCM Manufacturing Pty Ltd, sought approval of its enterprise agreement, which was submitted to the Fair Work Commission for endorsement. The agreement was between the applicant, an employer in the manufacturing industry, and the Australian Manufacturing Workers' Union, representing its employees. The dispute centred around the terms and conditions outlined in the proposed agreement, which both parties argued would govern the employment relationship moving forward.

The legal issues before the court encompassed the fairness of the proposed agreement, including its compliance with the relevant legislative framework under the Fair Work Act 2009. The court needed to assess whether the agreement met the requirements for being deemed a "single, integrated, and effective" workplace agreement, and whether it provided adequate protections for employees. Additionally, the court had to consider whether the agreement met the criteria for being a "better off overall test" for the employees, meaning that the benefits of the agreement should outweigh any detriments.

The court found that the agreement met the legislative requirements for approval. It was comprehensive, covering various aspects of employment, including wages, working hours, and dispute resolution mechanisms. The court also concluded that the agreement provided fair and reasonable terms and conditions for employees, ensuring adequate protections and benefits. The court emphasised the importance of maintaining a balanced approach that recognises the needs of both employers and employees. The endorsement was granted, and the enterprise agreement was approved.

The Fair Work Commission ordered that the MCM Manufacturing Pty Ltd Enterprise Agreement 2025 be approved as a certified agreement, effective from the date of the endorsement. This decision provided legal certainty for both the employer and the employees, ensuring that the terms of employment were governed by the newly endorsed agreement. The court's approval signified that the agreement was fair and balanced, meeting all necessary legislative criteria.

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