DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Megabolt Australia Pty Ltd
(AG2020/263)

MEGABOLT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 10 MARCH 2020

Application for approval of the Megabolt Australia Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Megabolt Australia Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Megabolt Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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.

[4] An outdated form of the Notice of Employee Representational Rights (NERR) has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement lodged did not contain a signature page. The Agreement therefore did not comply with s.185(2) of the Act and the Regulations for signing an enterprise agreement. On 3 March 2020 the Applicant filed a signatory page for the Agreement. I am satisfied that a correction to the Agreement should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Megabolt Australia Pty Ltd recently sought approval of an Enterprise Agreement from the Fair Work Commission. The application was opposed by the Transport Workers Union of Australia. The Commission was asked to consider whether the agreement was in the best interests of the employees covered by the agreement. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for the employees' fair share of the benefits of productivity improvements and provided for other matters as required by the Act. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for a fair share of the benefits of productivity improvements and contained provisions that were in line with contemporary enterprise bargaining practice. The Commission also found that the agreement did not contain any terms that were contrary to the public interest. The Commission approved the agreement, finding that it met the "better off overall test" and was in the best interests of the employees. The Commission also noted that the agreement contained provisions for the protection of employees' rights and entitlements, as well as provisions for the resolution of disputes. The Commission approved the Enterprise Agreement, finding that it met the requirements of the Act and was in the best interests of the employees. The Commission also noted that the agreement contained provisions that were in line with contemporary enterprise bargaining practice and did not contain any terms that were contrary to the public interest. The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Act.

Megabolt Australia 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