DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melchor Access Pty Ltd
(AG2021/4412)

MELCHOR ACCESS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 11 MAY 2021

Application for approval of the Melchor Access Enterprise Agreement 2021.

[1] Melchor Access Pty Ltd has applied for approval of a single enterprise agreement known as the Melchor Access Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 18 May 2021. The nominal expiry date of the Agreement is 10 May 2025.

[5] The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Melchor Access Pty Ltd sought approval of the Melchor Access Enterprise Agreement 2021, which was challenged by the Australian Manufacturing Workers’ Union. The dispute was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, particularly under section 232 of the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion.

The Commission found that the agreement was appropriately negotiated and contained necessary provisions that satisfied the legislative criteria. The evidence presented indicated that the agreement was made without coercion and that the process adhered to procedural fairness. The Commission also considered the views of the employees and the union, as well as the overall context of the enterprise. The agreement was found to provide a fair and reasonable framework for the employment terms and conditions.

As a result, the Fair Work Commission approved the Melchor Access Enterprise Agreement 2021. The decision confirmed that the agreement met the statutory requirements and was made in good faith, without any procedural irregularities. The Commission’s approval was based on a comprehensive assessment of the agreement’s content, the negotiation process, and the interests of the employees involved.

Melchor Access 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