Megabolt Australia Pty Ltd Summary

[2013] FWCA 6887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Megabolt Australia Pty Ltd
(AG2013/9160)

MEGABOLT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 SEPTEMBER 2013

Application for approval of the Megabolt Australia Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Megabolt Australia Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Megabolt Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 3, 10.33 and 27 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 19 August 2013. The nominal expiry date of the Agreement is 2 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Megabolt Australia Pty Ltd applied for approval of the Enterprise Agreement 2013-2016 with its employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it had been appropriately negotiated.

The legal issues before the Commission were primarily whether the agreement was made in good faith, whether it was properly negotiated, and whether it contained mandatory terms as required by the Act. Additionally, the Commission considered whether the agreement fairly reflected the needs and interests of both the employer and the employees.

The Commission found that the agreement had been made in good faith and was the product of proper negotiations. It contained all the mandatory terms required by the Act and did not unfairly disadvantage either party. The Commission was satisfied that the agreement reflected a fair balance of the interests of both Megabolt Australia and its employees.

As a result, the Commission approved the Enterprise Agreement 2013-2016, allowing it to come into effect from the specified date. The approval ensured that the terms of the agreement would govern the employment relationship between Megabolt Australia and its employees for the duration of the agreement.

Megabolt 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