Melvin (Aust) Pty Ltd

[2024] FWCA 1792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melvin (Aust) Pty Ltd

(AG2024/1458)

MELVIN (AUST) PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 16 MAY 2024

Application for approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2024 - 2028

Melvin (Aust) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Melvin (Aust) Pty Ltd Enterprise Agreement 2024 – 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 16 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Melvin (Aust) Pty Ltd for the approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2024-2028. This enterprise agreement was to govern the employment terms of employees within the company for the specified period. The nature of the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly the provision that it must not harm the employees adversely. The Fair Work Commission was the body tasked with determining whether the agreement complied with the necessary legislative standards.

The legal issues before the Commission involved a thorough examination of the proposed agreement's provisions to ensure they aligned with the provisions of the Fair Work Act 2009. Key considerations included whether the agreement provided fair terms and conditions, including remuneration and hours of work, and whether it allowed for genuine bargaining between the employer and the employees. Additionally, the Commission had to determine if the agreement was free from any discriminatory or unjust provisions that would negatively impact the employees.

The Fair Work Commission evaluated the enterprise agreement against the legislative criteria, focusing on the balance of rights and obligations between the employer and the employees. The Commission found that the proposed agreement contained provisions that were fair and balanced, meeting the requirements under the Fair Work Act 2009. The agreement was deemed to promote good faith bargaining and did not disadvantage the employees. Consequently, the Commission approved the agreement, confirming its compliance with the legislative standards.

The final orders of the Commission included the approval of the Melvin (Aust) Pty Ltd Enterprise Agreement 2024-2028, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to adhere to the terms and conditions outlined within the approved agreement. The decision underscored the importance of ensuring that enterprise agreements are fair, balanced, and promote good faith bargaining between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established