DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mems 56 Pty Ltd T/A Mems 56 Pty Ltd
(AG2020/348)

MEMS 56 PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 MARCH 2020

Application for approval of the Mems 56 Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mems 56 Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Mems 56 Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Mems 56 Pty Ltd T/A Mems 56 Pty Ltd, the Fair Work Commission was presented with an application for the approval of an enterprise agreement. The dispute involved the enterprise agreement proposed between the employer, Mems 56 Pty Ltd, and the employees' representative, who sought to have the agreement recognised as a lawful and fair working arrangement.

The central legal issues the Commission had to address included whether the agreement met the necessary legal standards under the Fair Work Act 2009, particularly in terms of its compliance with the 'better off overall test' and whether it contained all the required 'protected attributes'. Additionally, the Commission had to consider if the agreement had been genuinely negotiated and if it provided for fair and reasonable terms and conditions of employment.

In deliberating over the application, the Commission examined the provisions of the proposed agreement and the evidence presented by both parties. It assessed whether the agreement provided for terms and conditions that were no worse than the applicable award or safety net award and ensured that employees were not disadvantaged. The Commission also evaluated the negotiation process and the fairness of the terms and conditions stipulated in the agreement. Ultimately, the Commission found that the agreement satisfied the legislative requirements and approved it, recognising it as a lawful enterprise agreement.

Mems 56 Pty Ltd T/A Mems 56 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