Medline Assembly Australia Pty Ltd Summary

[2014] FWCA 6145

FAIR WORK COMMISSION

DECISION

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

Medline Assembly Australia Pty Ltd
(AG2014/8633)

MEDLINE ASSEMBLY AUSTRALIA PTY LTD - PRODUCTION & WAREHOUSE EMPLOYEE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of the Medline Assembly Australia Pty Ltd - Production & Warehouse Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Medline Assembly Australia Pty Ltd - Production & Warehouse Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Medline Assembly Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 20 August 2014. On 29 August 2014 I received a signed undertaking in response to the queries from Neil Ross, Director Operations Management for the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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 Agreement does not cover all of the employees of the employer however taking into account the submissions provided by the Applicant and the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[8] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 4 September 2017.

COMMISSIONER

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Medline Assembly Australia Pty Ltd applied to the Fair Work Commission for approval of the Medline Assembly Australia Pty Ltd - Production & Warehouse Employee Enterprise Agreement 2014. The applicant argued that the agreement was made in good faith and that the requirements of the Fair Work Act 2009 had been met. The dispute centred on whether the agreement was genuinely bargained for and whether it complied with the statutory criteria for approval.

The court had to determine whether the agreement was made in good faith and whether the bargaining was genuinely conducted. Additionally, the court needed to assess whether the agreement met the statutory requirements for approval, including the provisions for employee representation and the prohibition against discrimination. The court examined the bargaining process, the content of the agreement, and the evidence provided by both parties.

The court found that the agreement was genuinely bargained for and that the bargaining process was conducted in good faith. It concluded that the agreement met the statutory requirements for approval, including provisions for employee representation and the prohibition against discrimination. The court noted the comprehensive process undertaken by the parties to reach the agreement and the evidence of genuine consultation and negotiation.

The Fair Work Commission approved the Medline Assembly Australia Pty Ltd - Production & Warehouse Employee Enterprise Agreement 2014. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009. This decision confirmed the validity of the agreement and provided clarity for the parties involved.

Medline Assembly Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established