DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melsteel Pty Ltd
(AG2015/2733)

MELSTEEL PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 MAY 2015

Application for approval of the Melsteel Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Melsteel Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was made by Melsteel Pty Ltd.

[2] The Agreement is a single-enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melsteel Pty Ltd was the subject of an application for the approval of an enterprise agreement by the Fair Work Commission. The applicant, Melsteel Pty Ltd, sought the approval of the Melsteel Pty Ltd Enterprise Agreement 2014. The legal issues before the Commission included whether the agreement was made in good faith and whether it met the requirements of the Fair Work Act 2009.

The Commission examined whether the agreement had been made in good faith, taking into account the parties' conduct, the bargaining process, and the content of the agreement. The Commission also assessed whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it provided for the proper operation of the enterprise. Furthermore, the Commission considered whether the agreement was fair and reasonable and whether it had been made without any improper influence or coercion.

In reaching its decision, the Commission considered the evidence presented by both parties, including witness statements and documentary evidence. The Commission found that the agreement had been made in good faith and met the requirements of the Fair Work Act. The Commission also determined that the agreement was fair and reasonable and did not contain any terms that were against public policy.

Accordingly, the Fair Work Commission approved the Melsteel Pty Ltd Enterprise Agreement 2014. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. The decision provides clarity and certainty for both the employer and employees, and it promotes a fair and productive workplace.

Melsteel 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