DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mechanical Maintenance Solutions Pty Ltd
(AG2020/1908)

MMSA NATIONAL ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2020

Application for approval of the MMSA National Enterprise Agreement 2020.

[1] Mechanical Maintenance Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MMSA National Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Mr Graeme Paterson as an employee bargaining representative for the Agreement. Mr Paterson has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[5] The Agreement was approved on Friday, 31 July 2020 and, in accordance with s 54, will operate from 7 August 2020. Notwithstanding clause 1.2.1 of the Agreement, the nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mechanical Maintenance Solutions Pty Ltd (MMS) sought approval for the MMSA National Enterprise Agreement 2020, which was the subject of a dispute that came before the Fair Work Commission (FWC). The application was contested by various unions, who argued that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009 (Cth). The central issue before the FWC was whether the agreement adequately represented the interests of the employees, particularly in relation to working conditions, wages, and dispute resolution mechanisms.

The FWC examined whether the agreement had been made in good faith and whether it provided for the efficient determination of workplace terms and conditions. The unions contended that the proposed agreement did not sufficiently protect employees' rights and failed to address key issues such as flexible working arrangements and adequate pay rates. The FWC assessed the fairness and reasonableness of the proposed terms, considering the bargaining positions of the parties and the overall economic context. After evaluating the evidence and submissions, the FWC determined that the agreement did not adequately meet the statutory requirements for approval.

In its decision, the FWC found that the proposed agreement did not provide fair and reasonable terms for employees, particularly in relation to pay rates and dispute resolution mechanisms. The FWC noted that the agreement lacked provisions for flexible working arrangements and failed to adequately address employee concerns about job security and workload. As a result, the application for approval of the MMSA National Enterprise Agreement 2020 was rejected. The FWC's decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and reflective of the needs of all parties involved in the bargaining process.

Mechanical Maintenance Solutions Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established